Examining the punishment in excess of blood money with emphasis on the crime of beating and wounding in Iranian Law

Resumo

The present article examines the discretionary punishment in excess of blood money with emphasis on the crime of beating and wounding. So far, several investigations have been conducted in the field of discretionary punishment punishments but the issue of discretionary punishment in excess of blood money has been largely neglected. The fundamental question raised in this article is that what are the jurisprudential principles of discretionary punishment in excess of blood money? And what is the approach of criminal law to discretionary punishment in excess of blood money, especially regarding the crime of assault? The present article is a descriptive-analytical and examines the question using the library method. The results of the reseblood money not predetermined indicate that according to the rule اَلتَّعْزِيرُ لِكُلِّ عَمَلٍ حَرَامٌ the Islamic ruler can impose discretionary punishment punishments for forbidden matters that in this process, the reform of the offender, the reformer of society and public order are the most important jurisprudential principles in this regard. In this regard, the legislature in some cases, including some medical crimes and beatings in addition to blood money has determined a penalty of discretionary punishment. Accordingly, public interest and order are required Legislation In some intentional and unintentional crimes that have a public aspect or are related to the public interest, in addition to blood money, the punishment of discretionary punishment such as imprisonment should be determined.