Assistant Professor of the Department of Law, Faculty of Human Sciences, University of Maragheh
10.22106/jcr.2024.2007598.1452
Abstract
The crime of not observing the Islamic hijab is the controversial crime in Iran's legal system, which is in the order of reform and change due to the ineffectiveness of the current punishment. In a ruling issued by the Criminal Court of Varamin, the perpetrator of this crime was sentenced to embalming as a supplementary punishment in addition to the main punishment. The present article is responsible for the review of this document in terms of form and substance. The findings of this study show that in addition to some formal flaws such as "ignoring the principle of legality of the punishment", "not paying attention to the consent of the accused", "incomplete reference to legal articles" etc., the document contains a significant substantive flaw, i.e. not paying attention to the rule of "sanctification of religion". Despite all this, the judge's attention to the philosophy of criminalization and trying to find a punishment corresponding to the cause of criminalization, although incomplete, is defensible.
Salimi Ghaleheie,E . (2024). Completion of the punishment with burial of the dead; Evaluation of a lawsuit. Ray (Judicial Case Review), 12(45), 15-22. doi: 10.22106/jcr.2024.2007598.1452
MLA
Salimi Ghaleheie,E . "Completion of the punishment with burial of the dead; Evaluation of a lawsuit", Ray (Judicial Case Review), 12, 45, 2024, 15-22. doi: 10.22106/jcr.2024.2007598.1452
HARVARD
Salimi Ghaleheie E. (2024). 'Completion of the punishment with burial of the dead; Evaluation of a lawsuit', Ray (Judicial Case Review), 12(45), pp. 15-22. doi: 10.22106/jcr.2024.2007598.1452
CHICAGO
E Salimi Ghaleheie, "Completion of the punishment with burial of the dead; Evaluation of a lawsuit," Ray (Judicial Case Review), 12 45 (2024): 15-22, doi: 10.22106/jcr.2024.2007598.1452
VANCOUVER
Salimi Ghaleheie E. Completion of the punishment with burial of the dead; Evaluation of a lawsuit. Ray (Judicial Case Review). 2024;12(45):15-22 (In Persian). doi: 10.22106/jcr.2024.2007598.1452