نوع مقاله : مقاله پژوهشی
1 استادیار دانشکده حقوق دانشگاه شیراز
2 کارشناسی ارشد حقوق جزا و جرم شناسی از دانشگاه شیراز
عنوان مقاله [English]
Background and Aim: In the Islamic Penal Code of 2013, the legislator has provided penalties for "complementary Punishments". It is important to identify the nature of these punishments for the possibility of applying these types of responses to punishments and retaliation, and the existence of rules such as "the prohibition of punishment over life" and "the determination of punishment in limiting crimes". The reason is that in the event of the criminal nature of supplementary sentences, the legislator's action to enforce these responses along with punitive and retaliatory acts is contrary to these rules. So the question of the present research is what is the nature of the complementary punishments? Are these punishments within the scope of criminal responses or should they be included in non-pay responses?
Methodology: This research was conducted in a descriptive analytical method using library resources. Data was gathered and analyzed by referring to the real and virtual library. Thus, relying on the definition, the nature and characteristics of the limits, retaliation, and sanctity, while expressing a comprehensive and complete definition of punishments, the status of such actions in the criminal response and the classification of punishments, and considering the precautionary nature of the additional punishments.
Findings and conclusion: Due to the specifics of the punishments, it is possible to say that additional punishments are among the types of non-punishment. The legislator's intention to use the title of punishment for these actions, the general meaning of punishment, and to impose such acts as a form of criminal reprimand, Of their criminal or non-judicial nature, in order to deal with the commission of a crime. Therefore, it can be said that complementary punishment is actually a measure to prevent the commission of a crime, which applies to some criminals in relation to the offense of committing and punishing the perpetrator.