International Academic Journal of Humanities

  • ISSN 2454-2245

Analytical Attitude toward the Obstacles Nemesis in Iran's Penal Law

Mohammad Javad Pourhosseini, Saman Abdollahi and Mohammad Asghari Hesamia

Abstract: Doubtless one of the heaviest penalties in legal system of every country is execution that in the proven and executing stage there should be some conditions to consider it as nemesis in order to decree death penalty for the murder. Having all these conditions sometimes conditions arise that are considered as barrier to execution. According to the nature of these factors, they are divided into different types such as research and applying barriers or temporary and permanent barriers, and also conditions that depend on some conditions in killer and victim. One of the main purposes of criminal law is supplying order and security in the society that causes criminal and human justice. Criminal law should be written so that not to provide the conditions of misuse from criminal laws. Criminal laws represent the ability of government in establishing social order and security. Therefore, when an action is recognized as crime on the behalf of the legislator and penalty is considered thereof, it represent the fact that it is an action of violating social security and justice. The researcher in this study analyzed the most important barriers for nemesis in Iran‟s criminal law. Iran‟s criminal laws are derived from Shiite jurisprudence in regulating human right and social public goods, but unfortunately by appointing vague, abstract and incomplete laws, not only it fail to reach the target, but also using these laws it provide the possibility of misusing law for compurgation of killer from death sentence

Keywords: Analytical Attitude, Obstacles Nemesis, Iran's Penal Law

Page: 25-34

Volume 2, Issue 2, 2015