Comprative Study of suspicion (eliminated the penalty) and its functional implications in criminal jurisprudence

Abstract

Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes stopping the execution of the penalty or commutation of sentence. in islamic penal code ratified in 2013,this mechanism is set out in article 120 and 121 but there is no defintion for suspicion and only adresses its examples. after conceptual analysis of the suspicion mode, the basic issue of the writer`s perspective is: which of the effects of suspicion should be applied and what strategies should take in this mode that in addition to accordance with the Shari'a doctrines, ultimately, the damage caused by the functional imbalance in the judical system is reduced. after analyzing the functions in different situations, the result of this research is the recognition of direct interaction between suspicion and functional requirements, such as the princople of individual punishment and targeted attitude toward punishments.

Keywords

• suspicion
• princople of individual punishment
• eliminating the penalty
• hudud and tazir crimes