Judgment

Judgment

The place Rule of expedient” in Iranian criminal law

Author
Ph.D student of criminal law and criminology at judicial sciences and administrative services University.
Abstract
Criminal judgements quite like other Sharia-based judgements are subject to interests and corruptions. Without any doubt the most rudimentary benchmark in government-oriented criminal judgements is »the Rule of Expediency« that in itself is affected by different factors. The rule of expediency like other rules(the rule of negation of hardship) in the state of obtrusion dominates the reasons of preliminary orders. In this brief study we are going to explain the jurisdiction of this rule in criminal judgements, and direct the issue of applied role and impact of the expediency in the alteration of criminal laws which are of religious nature (from legislative view point), and also address the stay or alteration of the enforcement method of some criminal judgements, particularly Hudud. 
Keywords

Volume 15, Issue 81
Winter 2015
Pages 131-154

  • Receive Date 21 February 2015
  • Revise Date 22 February 2015
  • Accept Date 11 March 2015