نوع مقاله : مقاله علمی - پژوهشی
1 دانشیار دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
2 استادیار دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
The silence of the Iranian criminal law, and the rules to confront this silence is addressed in Article 167 of the Constitution of the Islamic Republic of Iran. This issue has been explained with reference to valid sources and authentic islamic jurisprudence. In the context of criminal matters, the decisions of the Iranian Guardian Council has been based on Article 167 of the Constitution. This approach has gained numerous criticisms by the lawyers and this has caused several challenges. This study is based on intellectual and narrative aspects and challenges in the field of silence of the Iranian criminal law, and to address the problem of this important issue. Describing this theory of the constitution among the important criminal issues is part of the subject of this article. None of these problems can be able to prevent the reference to this principle in criminal matters.