Volume 10, Issue 2 , September 2021, , Pages 29-54
Abstract
Repentance is recognized as one of the most important mechanisms that has a very significant effect on non-prosecution and non-inclusion of the sentence or execution of the sentence ...
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Repentance is recognized as one of the most important mechanisms that has a very significant effect on non-prosecution and non-inclusion of the sentence or execution of the sentence in the Criminal Procedure Code of 1392 and the Islamic Penal Code of 1392. The prediction of this very important institution, in line Providing goals for the correction of offenders as well as the punishment of defendants whose remorse has been proven can have significant functions. According to the findings of this study, the legislator, by separating the role of repentance in various crimes in Articles 114 and 115 of the said law, has accepted the effect of repentance on the fall of fines and penalties, but the manner and quality of repentance and repentance and that It is not clear which of the judicial authorities, whether the prosecutor's office or the court, has jurisdiction to hear repentance. Because it seems to be far from the requirements of this institution and the approach of the legislator, even in general, but the acceptance of this divergence is not practical. The issues that can be proposed and align the judicial approach with the basic jurisprudential demands of the legislator.
