Document Type : Specialized Article

Authors

• Gholam Hosein Elham ¹
• Mohamad Mahdi Mirzaee ²

¹ Associate Professor, Faculty of Law, University of Tehran

² Master of Criminal Law and Criminolog

Abstract

For the first time in Iran's criminal law record, the Legislator classified Ta'zire sentences into eight general classes in Article 19 of the Islamic Penal Code 1392 and subsequently, it referred to numerous cases such as attempt, accessory, recidive and prescription which indicates the high importance of this article. The discussion of the basis of this article is the first question that arises. Jurisprudence basis of Ta'zire sentences classification including the rule of "Al-Tazir Bma-i-e-Yad al-Hakim" and the Modeling the laws of Western countries, especially the United States of American is one of the issues that will be discussed about the basis of this article. This classification has many legal effects that we will study of these effects. Effects such as determining the jurisdiction of criminal courts, Determination of procedural procedures, determination of the consequences of convictions, prescription, determination of penalties in relation to the accessory, attempt and etc.
 Also we will measure the effectiveness of this article in procedure and refer to some of its shortcomings, and finally we will present our corrective headings. Meanwhile, the method of research is analytical-descriptive and a library collection tool has been used.

Keywords

• Punishments of ta'zir
• Graduation of Ta'zir
• Article 19 of the Islamic Penal Code of 2013