نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The stage of crime discovery and how to deal with the accused in various crimes, especially murder, is a criterion for measuring the importance of man and his freedom in a criminal system. This stage of punishment in the Islamic criminal system, in most crimes, especially murder, is based on principles that protect us from undue strictness or undue leniency towards the accused. This article, using a descriptive-analytical method and assuming the existential aspects of man and his evolutionary path in Islamic anthropology, extracts principles that, by applying them, clarify the stage of crime discovery in the Islamic criminal system in most crimes, especially murder. In this article, while extracting and explaining each of these principles, which are: 1. The principle of the superiority of the interest of society over the interest of the individual, 2. The principle of inherent human dignity, 3. The principle of guidance and salvation, 4. The principle of human freedom, 5. The principle of non-permissibility of searching in the privacy of individuals, 6. The principle of seeking justice and achieving rights, some of the rights of the person accused of murder are mentioned. Another emphasis of this article is on how the crime detection process works in the Islamic penal system, while paying attention to human dignity and freedom.
کلیدواژهها English