Investigating the legal principles of legal reconciliation in criminal matters
| Autor | Franak Heydari Dehaghani - Mohammad Nozari |
| Cargo | PhD student of Islamic Theology and Jurisprudence, Jurisprudence and Foundations of Islamic Law, Department of Jurisprudence and Law, Qom University, Qom, Iran - Assistant Professor and Director of Jurisprudence and Law Department, Qom University, Qom, Iran |
| Páginas | 208-239 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
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208
INVESTIGATING THE LEGAL PRINCIPLES OF LEGAL
RECONCILIATION IN CRIMINAL MATTERS
Franak Heydari Dehaghani
1
Mohammad Nozari
2
Abstract: Spiritual dignity is the most
important human capital, whose
importance does not equal anything
other than value. This prestige and
prestige gives him the opportunity to
take part in his social role. Therefore, the
loss of life after this person's life brings
many tools and opportunities to him,
such as those who are accused or guilty
of any reason, in a heavier position
Because they are faced with a lack of
judicial review of their dignity and
reputation, which is necessary to restore
it or, in other words, restore reputation.
In this regard, the government plays a
role in another sense, or in other words,
responsible for the reputation of those
who have been damaged to their dignity
and reputation, which sometimes
directly imposes obligations on
governmental institutions, including the
public prosecutor, and sometimes
government agencies It makes the person
or groups required to do the work
1
PhD student of Islamic Theology and Jurisprudence, Jurisprudence and Foundations of Islamic Law,
Department of Jurisprudence and Law, Qom University, Qom, Iran. Far anak_heidary@yahoo.com
2
t, Qom University, Qom, IranAssistant Professor and Director of Jurisprudence an d Law Departmen
(compensate for the unjust charges
against the individual), the same is true
of the perpetrators; the notion of dignity
in the concept that is the subject of this
article is the expression It is to repair the
damages caused to the dignity and
dignity of those who d In the area of
criminal matters, judicial proceedings
have been taken and damaged by their
honor and reputation in this area. In this
sense, the defendants have been
acquitted and the defendants are also
mistaken.
Keywords: restitution, accused,
offender, condemned, government,
General
Introduction
The human being, as defined in
the Qur'an and the original Islamic
teachings, is defined on the basis of the
removal of the dust of disbelief and the
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
209
distortion of human nature, it is worthy
of reverence for God, and its description
of the natural nature added to the essence
of Barati, witnesses these two unmatched
human values, in Among the creatures,
the revelations of reverence and
naturalness in the Holy Qur'an are:
"Almighty, Allah and Adam, and Allah,
and Allah, and Allah, and Allah, and
Allah, and Allah, and Allah, and Allah,
and His Excellency (Isaiah, 70) We have
respected the generation of Adam, and
He is Alone on the Land and the Sea We
drove the riders and gave them a clean
day and gave them to many creatures We
gave itself a special advantage. The
emphasis on preserving the human
dignity of the people of the faith
community, many diverse and diverse
narratives in various moral
jurisprudential subjects such as
absenteeism, slander, charity, the
preservation of the dignity of
individuals, are all understood in the
same spirit of the Quran, in order to
respect the inherent dignity of man. Is.
Therefore, the valuable human prestige
from the point of view of the Qur'an is,
of course, a fact that includes the accused
or guilty, since after the expiation of the
charge or the end of the punishment
period, a defect is entered into their
sovereignty, so they must take measures
to compensate for this defect and the
possibility of re-entering these persons in
Their social role is provided. For this
reason, it is very necessary to address
these measures in order to eliminate the
misunderstanding of the sources of
religion and law.
Research questions
1. It is proven by those who,
after the charge of the charge against
them, prove their allegiance. How can
you compensate for their distorted
dignity?
2. The issue of the restoration of
dignity is more important than the
convictions that have been punished and
their innocence has been proved. How
can you compensate for their damaged
prestige and, in principle, what are their
duties and responsibilities in relation to
their reputation?
3. Is it necessary for criminals
who have been found guilty of a crime
and whose sentence has been enforced or
for some reason not being enforced, is
repatriacy necessary to bring them back
to their former social role?
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
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210
4. Which institution is
responsible for restoring dignity? What
are the general remedies?
Background research
In this regard, the magnanimous
scholars (Aminian 1346, Soltani 1390,
Saber 1381, Jalilzadeh 1387) have
written independent articles that merely
refer to the issue of restoring legal
terminology, and the various dimensions
of this issue raised in the present research
are not considered in principle.
Therefore, the present article Restoration
of dignity is unique and does not suit
history.
The aspect of research
innovation
In this study, repatriative
recourse does not take into account what
is meant by legal resources; therefore, in
an area beyond, the issue of the causes
and methods of repatriation has been
investigated for defendants, prisoners,
and criminals.
Restoration of dignity in the word
Restoration of dignity is a
lexical term for a combination of terms
that consists of two words of restoration,
meaning repentance and dignity.
Recovery of a person's dignity or
rehabilitation of a person, who in Farsi
sometimes mistakenly refers to the
rehabilitation of a person, that is, the
return of the attribute of one The person
to him is the same as returning his honor
(Dehkhoda, 1993, p. 6, p.
8121).
The equivalent of restorative
dignity in Arabic has been rejected by
him for his refusal to amend. (Ismail al-
Wahib, 1988, p. 68)
Restitution in the legal term
The restoration of the dignity is
the establishment of a law which
involves the application of methods to
eliminate the effects and consequences
of the conviction of the convicted person
against his future. (Fakharutouzi, 1394,
p. 22), another point is that repatriation is
the removal of the convicted offender
from his criminal record in order to
eliminate the deprivations he has been
sentenced to a subsequent punishment
(Hedayati, 1332, p. 181). Another
interpretation can be defined as:
repentance is to restore the credibility,
reputation and rights of those denied of
the victim (all those whose others have
renounced their dignity, and the
perpetrators of all the deprivations of
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