تأثر الركن القانوني للجريمة في القانون الإيراني بالشريعة الإسلامية وفق المذهب الجعفري

الملخص EN

The Principle of legal crime and punishment mean that work is not considered a crime and has no punishment only if the legislator defined it as a crime and set a sanction.

Therefore, the legislator must declare to the people a list of crimes and penalties so that this list in writing and after the stages of legislation.

Therefore could not be considered a criminal judge the work of people crimes and establishes penalties only in the presence of legal texts, nor is it able to carry out the death other than those authorized by the legislator.

The Iranian Constitution was conferment by the laws explicitly confirmed either before or after the Islamic revolution on the need to take care of this principle so that the judge in charge of acquittal of the accused in the absence of legal prohibition, or if Scott legislator; have passed criminal judge in the case of the text and the loss of Scott and the lack of law by reference to the sources jurisprudence and opinions known in the appointment of crimes and penalties.

We will therefore in this research to examine the articles of the Constitution and the jurisprudence of the sources of such leave, and show that the interest required the legislator to give more attention to the articles of the Constitution to amend the laws in question, also pays more attention to the principle of the legitimacy of the crime and punishment to reverse or modify that is opposed to this principle of law.