A Comparative Analysis of the Challenges Posed by the Silence of the Law in the Iranian Criminal Law and Jurisprudence

Document Type : Research Paper

Authors

1 Associate Professor of Criminal Law and Criminology at the Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 Assistant Professor of Criminal Law and Criminology at the Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

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.

Keywords

Main Subjects


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