Analysis and pathology of Articles 302 and 303 of the Islamic Penal Code approved in 1392 (from the perspective of the principles governing criminal law writing)

Fidaei Dehcheshmhe, Massoud; Heydari, Elham

doi:10.22034/jml.2025.2052886.1437

Analysis and pathology of Articles 302 and 303 of the Islamic Penal Code approved in 1392 (from the perspective of the principles governing criminal law writing)

Document Type : Original Article

Authors

Massoud Fidaei Dehcheshmhe ¹

Elham Heydari ²

¹ Attorney at law (center of lawyers, official experts and family advisors of the judiciary) - educated in the field of law; Penalty and criminology trend.

² Shahrekord State University - Faculty of Literature and Humanities - Department of Law

10.22034/jml.2025.2052886.1437

Abstract

In the Iranian penal system, the commission of certain acts by individuals makes them guilty of murder, and as a result, shedding their blood is permissible in terms of Sharia and by law. Therefore, on the one hand, relying on this permission to commit material criminal behavior cannot lead to the conviction of the person who committed the crime (the primary offender), but rather it proves the crime and attributes the criminal behavior to the person who committed it, which leads to his conviction and punishment for the crime he committed. On the other hand, entrusting the execution of punishments to the general public or some individuals causes numerous problems, including chaos and disorder, the loss of judicial security for citizens, the revival of private justice, granting the authority to issue and execute sentences to incompetent individuals, etc., which requires the legislator to adopt a considered and appropriate penal policy in relation to murder. In this article, through a descriptive-analytical method (library study), we have examined the permissibility of the murder of Mahdurdam in Articles 302 and 303 of the Islamic Penal Code approved in 1392, in order to point out the shortcomings and challenges in this field and to arrive at the necessary measures to eliminate the shortcomings and ambiguities.

Keywords

Murder"

Private revenge"

Proof of crime"

Fair trial"

, "

Principle of judicial punishment"

Subjects