نوع مقاله : مقاله پژوهشی
نویسندگان
1 جامعه المصطفی العالمیه - مؤسسه علوم انسانی
2 هیأت علمی گروه حقوق جزا و جرم شناسی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract:
About the death punishment, despite the correct execution of the sentence, sometimes the criminal may accidentally remain alive. This raises the question of whether re-executing the punishment is possible. And if re-execution is possible, what are the obligations regarding the initial execution and the resulting damages, whether they are compensable or not? This article, utilizing a descriptive-analytical method and library sources, examines the feasibility of not implementing punishment after execution in jurisprudence. Research findings indicate that with the correct execution of the punishment and its endorsement by competent authorities, the principles of capital punishment and retaliation align with the verses and traditions related to retaliation and its boundaries, as well as the principles and rules related to boundaries and retaliation such as the principle of precaution in blood and the rule of injury. However, regarding the initial execution and the injuries resulting from it, if re-execution is possible, there are seven opinions among jurists that do not seem to have a strong and solid basis because by accepting re-execution; if the damages and injuries caused by the first stage of execution on the convict cannot be compensated, this would constitute injustice and oppression against the convict, and if it is compensable, both blood money and retaliation contradict the rules and principles of the chapter on retaliation and blood money.
کلیدواژهها [English]