نوع مقاله : علمی-تخصصی
نویسنده
پژوهشگر
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The cases of delayed execution of punishment in Afghan jurisprudence and criminal law are among the issues that are based on the interpretation of objective events and attitudes based on the status of the criminal, and the opinion of the Hanafi and Jafari jurists, as well as the view of the Afghan legislator in this field, is a benchmark for attention and insight. is special According to what has been said, in order to achieve the objectivity of each of Afghanistan's jurisprudence and criminal laws, it is necessary to use a special method of research, in which analytical and descriptive methods have been used, and the sources of this research are library. The results of this research have shown that the delay in execution of the punishment or the non-tolerance of the punishment has jurisprudential foundations and legal criteria, and therefore the basis; The delay in the execution of the punishment on the patients, the pregnancy of the woman, the emergency situations based on different time and place, is the subject of a temporary decision made by the Shari'i and customary court due to the occurrence of an event or incident beyond the will of both parties or due to a reason attributed to each of the parties. The ruling is binding and executory, and on this basis, adopting some methods of protesting and complaining about the votes also causes the issuance of a decision to delay the execution of the ruling. This order is used only in two extraordinary ways of complaining about rulings, namely appeal and third party objection. In the case of other normal and extraordinary methods such as appeals, appeals and retrials, other institutions and decisions such as closure and suspension of the execution of the judgment can be used. Therefore, the cases of delaying the execution of punishment in Hanafi and Imami jurisprudence have commonalities and differences; This means that the majority of Imamiyya jurists are convinced of the generality of the rule and consider the cases of retribution and punishment under the internal rule.
کلیدواژهها [English]
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