Analysis of the Criteria for Distinguishing Pardonable and Unpardonable Crimes

Document Type : Research Paper

Authors

1 PH D student of Criminal Law and Criminology, Islamic Azad University, Lahijan branch, Lahijan, Iran.

2 Assistant Professor, Department of Law, Islamic Azad University, Bandar Anzali Branch, Bandar Anzali, Iran

3 Assistant Professor of Theology and Islamic Studies, Islamic Azad University, Lahijan Branch, Lahijan, Iran.

Abstract

The distinction between pardonable and unpardonable crimes is an important issue in criminal law. This separation significantly affects the rights of society and citizens. This creates tension, as upholding one's rights may come at the expense of another. Moreover, this distinction varies across time, place, and philosophies of criminal justice. Fundamentally, clear and consistently applied criteria are essential for a fair and effective legal system. Iran's legal system, especially in the post-revolution era, exemplifies this challenge. Segregation of crimes has undergone many changes in the last four decades but remains unstable. This instability is caused by the continuous non-application of standards or, in some cases, complete disregard for them. In this article, we examine the criteria used to distinguish between pardonable and unpardonable crimes, analyze their justification, and examine their impact on the rights of society and individuals.

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Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 27 August 2024

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