Culmination of Law

Culmination of Law

Challenges of accepting the repentance institution in the Public Prosecutor's Office

Document Type : Original Article

Authors
Abbas Mansourabadi 1
Mohammad Javad Fathi 1
Mohamad Bagher Hasanvand 2
Seyed Mahmoud Mirkhalili 3
1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Farabi Campus, University of Tehran, Qom, Iran.
2 Doctoral student of Criminal Law and Criminology, Faculty of Law and Political Science, Farabi Campus of Tehran University, Qom, Iran.
3 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Farabi Campus, University of Tehran, Qom, Iran.
10.22034/thdad.2023.1987539.2355
Abstract
Repentan apce as one of the most punishing strategies in the Islamic Penal Code of 2013 has beenproved by the legislator under Articles 114-119 as one of the aspects of the fall of the punishment. And the equality of the 13th Criminal Procedure Code approved in 2013 , repentance is considered as one of the directions of the endowment of prosecution. However, the judges of the Prosecutor's Office are now arguing that the legislature has placed the review and decision on repentance within the jurisdiction of the court. Refrain from enforcing the rules of repentance and the implementation of the repentance body in the Prosecutor's Office faces serious legal and judicial challenges. Therefore, this research seeks to investigate and identify the challenges facing the repentance institution in the legislative and judicial sphere by analytical-descriptive method. And in the end, it was concluded that in the field of legislative The prosecutor's office's contradiction with sharia standards, conflict and ambiguity of existing laws and subject to the practice of repentance to a crime in court are among the challenges ahead. One of the most important challenges of the implementation of the repentance institution is the early release of the unjustified criminal from criminal prosecution, concern for the criminal, fear of negative judgment of public opinion, the phenomenon of statistics and inflation of criminal cases, and the belief of judges in the appearance of repentance of the accused.
Keywords
Repentance. punishment
fall of public prosecution. punishment
.statisticianis
pretending to repent

Subjects

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Chal
Culmination of Law
Volume 11, Issue 1
Summer 2025
Pages 71-111