A Critical Approach to Writing the General Book and General Sections of the of Islamic penal Code

Abstract

One of the most important techniques for legislation is to write general Sections in criminal law. The concept of general materials is that the provisions of these Sections have a general scope and can be extended to the general public; Because general Sections are the norm and they want to be applied to specific Sections. In the Iranian legal system, the Islamic Penal Code provides for the first time four types of general articles, indicating the attention of the Iranian legislature to the discussion of general articles. Philosophy and the necessity of predicting general articles in criminal law have strong foundations, which include the reflection of the general principles of criminal law, the community of commonalities, and the certainty of certain criteria and the guarantee of measured criminal policy. With a critical approach and a descriptive-analytical approach, this study looks at the writing of the book Generalities and General Sections of the four books of the Islamic Penal Code adopted in 2013 and examines and analyzes the inconsistencies with the basis and requirements of generalities and general materials and provides appropriate solutions. It deals with this.

Keywords

• : general sections
• legislation
• islamic penal code
• general principles of criminal law
• criminal policy