Law and Justice

Posts Tagged ‘Criminal’

Hiring trial attorneys to handle a criminal defense or other serious legal matters should not be a process that’s taken lightly. The lawyer or lawyers you hire could very well have your life in their hands. So, if proving your case and doing it well is a priority (and why wouldn’t it be) than getting the best is a must.

Almost every week there’s a report somewhere about a person who was falsely accused and convicted on criminal charges. A good attorney can help ensure his or her clients don’t add to the statistics. Good attorneys know how to handle trials inside out and backwards and they fight tirelessly to see that justice is served on behalf of their clients. If proving your innocence is a must, then finding the best lawyer is key.

No matter how compelling your case is or how well you can prove your innocence, the justice system isn’t perfect. Mistakes happen. Good trial attorneys can minimize the chances for this.

Before hiring any attorney, you need to do the following things:

* Shop around. Don’t just look at fee structures. If you’re innocent, you need to prove that no matter the cost. The consequences of doing otherwise can be monumental. Especially in the midst of a legal matter it may seem like you have no time to shop around, but it’s precisely at this time you must be picky and deliberate about who you hire.

* Find an attorney you can talk with. If you don’t like the person representing you or at least cannot communicate with him or her, you have a problem. Be certain the person you hire is one you can clearly communicate your side of the case to.

* Check the lawyer’s background. Has this person been to trial before? Did he or she win? How many times? What certifications and memberships does he or she have? What’s the overall success versus failure track record?

* Does the attorney work alone or with a firm? What kind of support system is in place to help this person win cases? This can mean investigators, a research staff, assistants and so on. Find out. A lawyer who goes it alone can be very effective, but one who has a sufficient support system can be even more so.

* Has the attorney handled cases like yours before? This can make a big difference. Criminal law is different from tax law by a long shot and going to trial is a very different experience than settling out of court in a civil suit. Get the best expert in the area you need expertise in.

Although there are no guarantees in the justice system, if you are innocent you need the best representation you can possibly get to prove your case. Mistakes and oversights happen, but good trial attorneys can help minimize the chances of things going wrong. The only thing worse than being accused in a crime you didn’t commit is being convicted of it. Fight back. Fight smart. Get good attorneys to defend your case.

Whether you want to prosecute or defend yourself, finding a criminal attorney in LA can be a daunting task especially if you don’t have or know someone having, links with an attorney. Most people find attorneys with references or suggestions from others. An attorney that clicked for others might or might not be the one to defend or prosecute on your behalf.

In any case you can be your own best judge when it comes to finding a criminal attorney in L.A. A few simple points can help you decide whether the attorney you want to hire is the right one.

An attorney could be a part of a criminal law firm or have his or her own solo practice. This has its own pros and cons. A law firm can give you a choice of attorneys to handle your case that can make finding a criminal attorney in LA easier. On the other hand an attorney having his own practice could strike the right chord with you from the very beginning.

Irrespective of whether you find a criminal attorney in a firm or working as an individual, you should be at ease and feel at home when discussing the case with him or her. Your attorney should inspire and lift your spirit whether you are defending yourself or prosecuting.

What does it take to find a good criminal attorney?

For finding a criminal attorney in L.A., make sure that you don’t go just by the cost of hiring an attorney but also consider his or her reputation. Give equal importance to good experience and cost before hiring an attorney. An attorney with less experience and high fees could be as bad as the one charging very low fees and paying less attention to your case.

An attorney who has experience, listens to your case, gives you ample time, has adequate staff to cover your needs regarding the case and more importantly discusses his own business as a criminal attorney instead of trying to demean a competitor, can be the right choice.

Some of the areas covered by criminal attorneys include Domestic Violence, Drunk Driving, Juvenile Crimes, Possession of Drugs, Assault and Battery, Burglary, Robbery, Fraud, Sex Crimes, Grand Theft, Terrorist Threats, Illegal Firearm Possession, Capital Offenses and White Collar Crimes.

Make sure that your attorney has a good investigative team to cover and analyze every aspect of your case. Finding a good criminal attorney in L.A. can make the difference between getting charges framed and proved, for or against you. Take your time discussing your case with an attorney till you reach your comfort level and feel confident, before hiring one.

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Product Description
Now in its Eighth Edition, <b>CRIMINAL LAW AND ITS PROCESSES: Cases and Materials</b> maintains great success as the longtime leading book in Criminal Law. In addition to a highly respected and renowned authorship,… More >>

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The University of Phoenix Online offers only two criminal justice and law enforcement programs, one undergraduate and the other graduate.

The Bachelor of Science in Criminal Justice Administration is a four-year program that encompasses the subjects of policing, criminal law, and corrections, besides providing a broad outlook on the study of crime and justice in American society. The course is designed to groom professionals working in the field of criminal justice for administrative, supervisory, and leadership positions that demand a higher level of skill and responsibility. As a student of the BS degree in criminal justice administration, you will be educated in how to deal with human relations and resolve social conflicts, besides learning how to use the latest technology to detect, solve, and fight crime. Your work in a position of importance and reliability will involve working with subordinates, peers, and superiors. This program will inculcate in you the competence needed for interpersonal communication, administrative decision-making and personnel management. Professionalism on the job and the moral ethics that govern the profession are also dealt with in the curriculum.

The undergraduate course is a good stepping-stone for professionals in the criminal justice field who are seeking to advance their careers or branch into a diverse specialization. The course includes subjects like Organized Crime, Contemporary Issues in Criminal Justice, Skills for Professional Development, Introduction to Criminal Justice, Criminology, Criminal Law, Criminal Procedure, Interpersonal Communications, Introduction to Policing, Criminal Court Systems, Introduction to Corrections, Juvenile Justice, Ethics in Criminal Justice, Cultural Diversity in Criminal Justice, Research methods in Criminal Justice, Organizational Behavior and Management, Criminal Justice Administration, Criminal Justice Administration, Criminal Justice Policy Analysis, Managing Criminal Justice Personnel, Futures of Criminal Justice, and an Interdisciplinary Capstone Course. Each course carries three credits.

The Master of Science in Administration of Justice and Security prepares undergraduate students and professionals in the criminal justice field for administrative roles in criminal justice and security programs. Promotions and transitions across the various areas of criminal justice like law enforcement, corrections, security, and court operations are easily facilitated if you have a master’s degree in a related discipline. This program will train you in problem-solving techniques in security and justice organizations.

The degree includes courses such as Survey of Justice and Security, Organizational Administration and Behavior, Management of Institutional Risk, Ethics in Justice and Security, Criminological Theory, Legal Issues in Justice and Security, Critical Incident Management, Cyber Crime and Information Systems Security, Public Policy Issues, Concepts of Physical and Personal Protection, Forensic Science and Psychological Profiling, and Program Development and Evaluation. Each course carries three credits.

The problem is: while the courses sound good what you will really get is more of management education rather than more of criminal justice education. If you are opting for UoP, be ready to expect a management orientation rather than a criminal justice orientation. The sharp focus on criminal justice is missing.

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Loss of freedom. Expensive fines. A criminal record. Restrictions on your future employment. If you face criminal charges in Minnesota, the consequences may change your life. You need a criminal defense attorney, and not just any lawyer will do. You’ll want to hire an experienced professional. You’ll require an attorney who knows the ropes in Minnesota — someone with deep knowledge of local laws and the ins-and-outs of the court system.

Here are the top 10 reasons to hire a criminal defense attorney in Minnesota.

1. You will have one person in the criminal justice system you know is on your side. When dealing with judges, prosecutors, the police and witnesses you will benefit from having an experienced professional who’s concerned with your best interests.

2. You will have hired an adviser who knows the local court system. Every court system has its unique aspects. Minnesota is no exception. Your criminal defense attorney will know which local laws are relevant to your case. He or she will examine the facts in the case and identify the evidence that is most effective for your defense.

3. An experienced criminal defense attorney will take the time to understand your case. Your attorney will not let you become just another statistic in the criminal justice system.

4. Hiring a criminal defense attorney means hiring an expert. You’ll have an adviser who understands the fine points of criminal law, especially Minnesota’s legal code. Your attorney will also have access to resources, including investigators and expert witnesses, who can participate in your defense if needed.

5. Your criminal defense attorney will guide you through the maze-like procedures that often surround criminal legal proceedings – entering a plea, attending hearings, obtaining bond, preparing testimony, locating witnesses, and evaluating the evidence.

6. Your attorney will take the lead in negotiations with prosecutors to potentially dismiss or reduce the charges against you. When you hire a qualified, experienced criminal defense attorney who practices in Minneapolis, you will benefit from having an advocate who knows the local prosecutors and has experience negotiating with them. Your attorney will advise you on your best options if you are offered a plea bargain or reduced sentence.

7. If your case goes to trial, your attorney will help you select the best approach, including whether to testify, and if you should request a judge or jury trial.

8. Your attorney will review all of the evidence against you and seek to dismiss anything that is unproven, unfair, or not allowed under Minnesota law.

9. Even if you have to face some consequences, your criminal defense attorney will help you make the strongest case for a reduced or suspended sentence, lower fines, less time on probation or fewer restrictions on your activities.

10. Your criminal defense attorney will allow you to face the Minnesota court system with confidence that you’ve done the most you can to protect yourself. The right to hire an attorney is a basic civil right, one that can help you to preserve your rights and safeguard your future.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Justice is desired by each and every person in this earth. But as we all know that Justice delayed is Justice denied, so it’s a matter of concern that how many people actually get justice in due time. Well this is a very vague question as there is no specificity to it. However it lays down the basis of a very common problem that has plagued the Indian courts. Yes the term ‘plagued’ actually represents the current scenario of the Indian Judiciary. The problem of backlog of cases have been haunting the Indian courts for a long time and it is high time that we react to the situation and do something about it. Precisely speaking the criminal trials take much longer that what they are expected to take and what actually they take. Thus it is very necessary that some sort of system is adhered to so as to speed up the trial process and relieve the courts of heavy backlog of cases. Crimes happen almost everyday and with such a large population it is quite obvious that at least thousands of crimes are committed almost everyday throughout the country. And as the literacy levels and awareness among the people has increased so they refer their problems to the courts which is the only dispute resolution system and the only place where one can expect justice. Thus it is all the more obvious that with such a rate of criminal cases pooling into the courts the available workforce falls very short of the expectations. Apart from that there are several appeals which are preferred from the trials which furthermore increase the case numbers in the court. In such a scenario it becomes a matter of concern as to how to control the problem. One such solution or alternative through which this problem could be curbed is plea bargaining which is incorporated under the provisions of Criminal Procedure Code.

 

Plea Bargain – An Insight

 

Well the first question that comes to our mind is that what is plea bargaining actually. Precisely speaking Plea Bargaining refers to an agreement in a criminal case where the prosecutor offers the defendant with the opportunity to plead his guilt. In other words it means that an option is given to the criminal defendant to accept his guilt and avoid the trial proceedings which would be instituted against the accused as it happens in a normal trial proceeding. Now one might wonder that what benefit is the accused getting by accepting his guilt and by avoiding the trial proceedings. Well the answer to this is that in a plea bargaining case the accused is generally charged of a lesser charge than the original criminal charge and the punishment is also lesser which he would have got had he been charged of the original charge. Many a times it happens that the accused while sitting through a trial is convicted of a more serious charge and also of some additional charges which might be charged along with the original offence. Thus with the help of plea bargaining the accused can relive himself from risking his case of harsher sentences. On the other hand it is beneficial to the victim also as the victim gets justice quickly as the accused accepts his/her guilt. Apart from that the time of the court is saved from carrying out the court proceedings and fulfilling the court formalities. Moreover the time of the court is saved from establishing the guilt of the accused as the accused himself/herself accepts his/her guilt. Therefore a lot of money and the time of the court is saved. Thus we can note that with the help of plea bargaining one can really speed up the criminal court proceedings.

History of Plea Bargaining in India

 

The concept of plea bargaining has been introduced in the Criminal Procedure Code with the help of a Criminal Law (Amendment) Act, 2005. This amendment act was passed by the parliament in its winter session. Chapter XXIA of the Criminal Procedure Code contains the requisite provisions of Plea Bargaining which is enforceable in India. Sections 265-A, 265-B, 265-C, 265-D, 265-E, 265-E, 265-F, 265-G, 265-H, 265-I, 265-J, 265-K and 265-L of the Criminal Procedure Code enumerates the provisions relating to Plea Bargaining.

 

However with everything mentioned above it would be quite wrong to say that the concept of plea bargaining is of recent origin. Efforts for dealing with the problem of over burdening of the criminal courts have been made much earlier. The 154th Law Commission, in order to reduce the delay in disposing criminal cases, brought forward the concept of plea bargaining and also recommended the introduction of plea bargaining as an alternative to deal with the heavy backlogs of criminal cases. After that the recommendations of the Law Commission were supported by the Malimath Committee Report. In its report, the Malimath Committee recommended that a system of plea bargaining be introduced in the Indian Criminal Justice System to facilitate the earlier disposal of criminal cases and to reduce the burden of the courts. To strengthen its case, the Malimath Committee also pointed out the success of plea bargaining system in USA. Accordingly, the draft Criminal Law (Amendment) Bill, 2003 was introduced in the parliament. The statement of objects and reasons, inter alia, mentions that, The disposal of criminal trials in the courts takes considerable time and that in many cases trial do not commence for as long as 3 to 5 years after the accused was remitted to judicial custody.. though not recognized by the criminal jurisprudence, it is seen as an alternative method to deal with the huge arrears of criminal cases. The bill attracted enormous public debate. Critics said it is not recognized and against public policy under our criminal justice system. The Supreme Court has also time and again blasted the concept of plea bargaining saying that negotiation in criminal cases is not permissible. More recently in State of Uttar Pradesh V. Chandrika 2000 Cr.L.J. 384(386), The Apex Court held that It is settled law that on the basis of plea bargaining court cannot dispose of the criminal cases. The court has to decide it on merits. If the accused confesses its guilt, appropriate sentence is required to be implemented. The court further held in the same case that, Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that as he is pleading guilty the sentence be reduced. Despite this huge hue and cry, the government found it acceptable and finally section 265-A TO 265-L have added in the Code of Criminal Procedure so as to provide for raising the plea bargaining in certain types of criminal cases. While commenting on this aspect, the division bench of the Gujarat High Court observed in State of Gujarat V. Natwar Harchanji Thakor (2005) Cr. L.J. 2957 that, The very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms.

 

Plea Bargaining – Relieving the Indian Criminal Courts

 

Quite clear from the above discussion the main object of Plea Bargaining is to reduce the risk of undesirable orders for the either side. Apart from this it is also helpful in clearing away the pending cases in the criminal courts. However it is also quite important to know that plea bargaining is not applicable to all the offences. It is only applicable to those offences for which there is a punishment for a period up to seven years. Further the provision of plea bargaining doesn’t apply to cases where the offence is committed is a socio-economic offence or else where the offence is committed against a woman or a child below the age of 14 years.

 

The concept of plea bargaining is very strong. It benefits both the victim and the accused at the same time and finally and the most important it benefits the court. There are two types of plea bargaining which helps the accused in confessing his guilt. One is Charge Bargain and the other is Sentence Bargain. In case of a Charge Bargain the prosecution allows the defendant to plead guilty to a lesser charge or to only some of the charges framed against him. This helps the accused to reduce the charges to a greater extent as the prosecution has a wide range of options to frame the accused of charges. Thus Charge Bargain helps the accused to negotiate with the prosecution and reduce the number of charges that the prosecution might have framed against him. In case of Sentence Bargain the accused is relieved of harsher and a higher sentence if the accused confesses his offence or pleads guilty. In this case the defendant is told in advance what his sentence would be if he pleads guilty. Thus with these two options of plea bargaining most of the cases could be resolved which are rotting in the criminal courts and which are waiting their turn to be disposed off in merits.

 

Shortcomings of Plea Bargaining

 

Though plea bargaining is a very positive concept and a welcome legislation for reducing the backlogs of the criminal courts in India, it too has some shortcomings. There are some inherent flaws inside this legislation which can be called as the drawbacks of plea bargaining. The first and foremost demerit of plea bargaining is its inapplicability to all the cases. As mentioned above it is inapplicable in cases where the offence relates to socio-economic offence and offences against women and children below 14 years. So the accused can take advantage of these loopholes and can harass the complete procedure of plea bargaining. Apart from that another drawback of plea bargaining is the involvement of the court in the plea bargaining process. Where the court is involved in the plea bargaining process the court’s impartiality becomes questionable. Also involving the victim in this process can invite corruption. There is a scope of huge amount of corruption in this regard. However the main and primary drawback of the plea bargaining process is the rejection of plead guilty application. In a case where the accused has confessed his/her offence and then the application of the accused is rejected then it would become very difficult for the accused to prove his innocence when normal trial proceedings would be instituted against him consequently.

 

Conclusion

 

Though there are some inherent problems and drawbacks associated with the provision of plea bargaining, it still remains a powerful weapon to combat the problem of heavy backlog of criminal cases in the Indian courts. It is very necessary that the shortcomings of the plea bargaining process are given a due though and solved accordingly. Most importantly in the case of rejection of the application of the pleading guilty of the accused; the rejection should be kept confidential so as to prevent prejudice to the accused. Apart from that it is an acceptable fact that the concept of plea bargaining will enhance the faith of the public in the criminal justice system and will help the Indian Courts to fight with the problem of backlog of cases.

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Analyses Islamic punishment

In

Iranian Islamic criminal code

Author: EHSAN ZARROKH

LLM OF ISLAMIC LAW

ZARROKH2007@YAHOO.COM

Abstract

I think criminal code is so important than other legal code because criminal law relevance to people life, honor and property so I think if you want scrutiny develop of society you must note to its criminal law & penal procedure. Iranian Islamic criminal law based on FIGH; so I explain some articles that exactly based on SHARI’A rules.

I try to state cause of Islamic rules and state roots of them with reference to KORAN, SUNNAH (stories of Islam messenger “MOHAMMAD”).

Here I say about “Rape, incest, adultery, Sodomy, Lesbianism, Pimping, Sexual Malicious Accusations, Intoxication, Civil Unrest (warfare and corruption on earth), Theft, Retaliated Punishments as Dead Penalty, Retaliated Punishments to Body Organs, Definition of Blood Money(mulct), Blood money for Murder, Liability for Blood Money, Causing a Crime, Blood Money for Body Organs, Blood Money for Abortion and …”.

Legislator in Article 12: There are five types of punishments: a) HAAD; b) GHESAS; c) DIYAT; d) TA’ZIRAT, e) DETERRENT PUNISHMENTS. Consider punishment.

3-1) HAAD

Under Article 13: HAAD is a punishment that its degree and type is not been specified in the SHAR’A.

HAAD divided into:

Rape [(sexual intercourse take by force) & incest (sexual intercourse with intimate woman) ZINA]

Sodomy [(anal intercourse) LAVAT]

Lesbianism [(female homosexuality) MOSAHEGHEH]

Pimping [manage a prostitution business (GHAVVADI)]

Sexual Malicious Accusations (GHAZF)

Intoxication [drunkenness (MASTI)]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Theft [robbery (SERGHAT E HAADDI)]

Rape & adultery & incest

Under Islamic criminal law we have three kinds of sexual relation: 1) rape: physically force another person to have sexual intercourse 2) incest: sexual intercourse with intimate woman like mother, sister… 3) adultery: sexual intercourse that adulterer & adulteress have wife or husband.

For make easier, in this article I don’t tell between them; in Article 64:” Adultery shall be punishable (subject to HAAD) when the adulterer or the adulteress is of age, sane, in control of his or her action and cognizant of the illicit nature of his or her act.” Legislator define ZINA; Ways to prove adultery in court are: 1) confession this way state in Article 68: “If a man or a woman repeats his or her confession of adultery four lashes before the judge, he or she shall receive the designated punishment, but if he or she repeats his or her confession fewer than four lashes, the punishment shall be at the judge’s discretion.” 2) Testimony this way state in Article 74: “Adultery, whether punishable by flogging or stoning, may be proven by the testimony of four just men or that of three just men and two just women.” And Article 75: “If adultery is punishable only by flogging it can be proven by the testimony of two just men and four just women.” Also I must say according to Article 76: “The testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery but it shall constitute false accusation which is a punishable act.” the testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery, because Islamic jurisconsult say women are sentiment and they can think well so can’t accept their testimony with out men in important cases and in these cases their problem in think eliminate with increase their number for testimony, so two woman are equal with a man.

Types of Punishments for Adultery state in 8 articles so I statement and explain them. Article 82: The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.

Article 83: Adultery in the following cases shall be punishable by stoning: (1) Adultery by a married man who is wedded to a permanent wife with whom he has had intercourse and may have intercourse when he so desires; (2) Adultery of a married woman with an adult man provided the woman is permanently married and has had intercourse with her husband and is able to do so again. Note: adultery of married woman with a minor is punishable by flogging.

I must say adultery of married woman with an insane man is punishable by stoning;

But adultery of married man with an insane woman is punishable by flogging; here we see difference between men and women, Islamic jurisconsult say if woman adultery with insane man, because the man is adult may inseminate her so her punished her by stoning; but I think just way is one punishment for man and woman. Article 84: Old married adulterers and adulteresses shall be flogged before being stoned.

Article 87: if a married man commits adultery prior to consummation [sexual intercourse], he will be sentenced to penance by lashes, shaving his hair and banishment for one year. But marriage enough for woman, doesn’t need to intercourse and they condemn to stoning.

Article 88: The punishment for an unmarried adulterer or adulteress shall be one hundred lashes.

Article 90: If a man or a woman has committed the act of adultery several lashes and has been punished after each act, he or she shall be put to death following his or her fourth act of adultery.

Article 94: if there is no hope for the recovery of the sick persons and the judge deems it appropriate for penance to be executed, a bunch of twigs or scourges consisting of one hundred scourges or twigs will be struck only once to the body of the condemned, although not all of the twigs or scourges may strike the body.

I must say under Islamic criminal law it called ZEGHS.

Article 95: if a person who is condemned to penance becomes an apostate [a born Muslim who changes his/her religious] or insane, the penance will not be valid.

Quality of Punishment

Article 100: The flogging of an adulterer shall be carried out while he is standing upright and his body bare except for his genitals. The lashes shall strike all parts of his body–- except his face, head and genitals– with full force. The adulteress shall be flogged while she is seated and her clothing tightly bound to her body.

Article 102: The stoning of an adulterer or adulteress shall be carried out while each is placed in a hole and covered with soil, he up to his waist and she up to a line above her breasts.

Jurisconsult says about reason of this article, that because woman breasts are salient she must placed in a hole and covered with soil up to her breasts; but I must say just way is both of them placed in a hole up to their breasts.

Article 103: if during stoning the stoned person flees from the pit and his/her adultery was proven by his/her confession, he/she will not be returned to the pit. But if his/her adultery was proven by the testifying of the witnesses, he/she will be returned to the pit for the stoning to be executed.

Note: if person who is sentenced to lashes flees, he/she will be returned for execution of the penance [whether the adultery was proven by his/her confession or testimony of witnesses].

Article 104: the stone shouldn’t be big enough to kill the person by one or two strike, neither should it be so small that it can’t called a stone.

Cause of legislation of this article is suffered of guilty.

Sodomy

Article 108: Sodomy is sexual intercourse with a male.

Article 109: In case of sodomy both the active and the passive persons will be condemned to its punishment.

Article 110: Punishment for sodomy is killing; the SHARI’A judge decides on how to carry out the killing.

Killing define in FIGH as kill with sword; throw of mountain, demolish wall on guilty and burn this one may attach to others.

Article 112: If a mature man of sound mind commits sexual intercourse with an immature person, the doer will be killed and the passive one will be subject to TA’ZIR of 74 lashes if not under duress.

Article 113: If an immature person commits sexual intercourse with another immature person, both of them will be subject to TA’ZIR of 74 lashes unless one of them was under duress. Articles 112 and 113 are most wondrous that child punished if they commit sodomy whereas article 49 state “minors, if committing an offence, are exempted from criminal responsibility. Their correction is the responsibility of their guardians or, if the court decides by a center for correction of minors.”

Ways of proving sodomy in court

Confessing and testimony these ways state in two articles:

Article 114: By confessing four lashes to having committed sodomy, punishment is

Established against the one making the confession.

Article 117: Sodomy is proved by the testimony of four righteous men who might have observed it.

Article 119: Testimony of women alone or together with a man does not prove sodomy.

Crimes dependent to sodomy

Article 121: Punishment for TAFKHIZ (the rubbing of the thighs or buttocks) and the like committed by two men without entry, shall be hundred lashes for each of them.

Article 122: If TAFKHIZ the like are repeated three lashes without entry and punishment is enforced after each time, the punishment for the fourth time would be death.

Article 123: If two men not related by blood stand naked under one cover without any necessity, both of them will be subject to TA’ZIR of up to 99 lashes.

Article 124: If someone kisses another with lust, he will be subject to TA’ZIR of 60 lashes.

Lesbianism (MOSAHEGHEH)

Article 127: MOSAHEGHEH (lesbianism) is homosexuality of women by genitals.

Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved.

Article 129: Punishment for lesbianism is hundred (100) lashes for each party.

Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time.

Article 134: If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (TA’ZIR). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.

These articles define lesbianism and its condition and ways of prove it in the court.

But there is one grotesque article about prove lesbianism legislator state in Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved, when this crime only committed with female and their testimony can’t prove it how prove it???!!!

Pimping (GHAVVADI)

Article 135: Pimping means that someone brings two individuals together or puts them in contact with each other for fornication or homosexuality.

Article 136: Pimping is proved by two confessions if the confessor is mature; of sound mind has free will and intention.

Article 137: Pimping is proved by the testimony of two righteous men.

Article 138: Punishment of a man for pimping is seventy (70) lashes and exile from the place of (his) domicile for a period of 3 months up to one year and punishment of pimping by a woman is seventy five (75) lashes only.

Difference between man & women in this article emanate than Islamic order about women that they must stay at home and doesn’t visited in society so Islamic legislator try to contemplate it.

Sexual Malicious Accusations (GHAZF)

Article 139: GHAZF (malicious accusation) means that someone associates fornication or sodomy with a certain person.

Article 140: Punishment for GHAZF (malicious accusation) is 80 lashes for a man or woman.

Note: execution of penance for false accusation is subject to the request of the accused

Article 146: false accusation will result penance if the accuser [i.e. the person who accuses] is mature, sane at liberty and intensive and the accused is also mature, sane, Muslim and righteous. If the accuser and accused don’t have one of these conditions, penance for false accusation will not be proven [should have been false accusation will not be proven]

Article 147: if a discerning minor falsely accuses another person, by the decision of the judge he/she will be subject to corrective measurement. If a mature and sane person falsely accuses a minor or a non-Muslim he/she will be sentenced to up to seventy four lashes.

Article 149: if a person falsely accuses his/her relatives, he/she will be penance.

Note: if a father or parental grandfather falsely accuses his son or grandson, he will receive punishment according to the TA’ZIR [up to seventy for lashes].

Articles 153: false accusation will be proven by two confessions or by the testimony of two just men.

Article 157: if a person falsely accuses other people on several occasions and he/she is penance after each occasion, on the fourth occasion he/she will be executed.

Article 164: the right or request for execution of penance will be transferred to all heirs except wife or husband. Every one of the heirs can request for the execution of penance, although the rest of the heirs have pardoned [the accused].

Intoxication (MASTI)

Intoxication means altering of one’s mental or physical state usually as a result of ingesting some substance; of euphoria, exhilaration; poisoning; under Islamic criminal law intoxication punished by HAAD.

Ways of prove

Article 168: if a person confesses twice to consumption of intoxicants, he/she will be penance.

Article 170: consumption will only be prove by testimony of two just man.

Article 171: if one of the two just men testifies that a person has consumed an intoxicant and the other testifies that the person has vomited an intoxicant, the penance is proven.

Article 174: The punishment for intoxication is 80 lashes for both men and women.

Article 176: When flogging is carried out, the man being flogged shall be in a standing position and be bared except for his genitals, whereas the woman being flogged shall be seated and her clothing tightly bound to her body.

Note. The face and head and genitals of the condemned shall not be struck by the lashes during flogging.

Article 179: if a person consumes an intoxicant several times and has received the penance after each consumption, on the third occasion he/she will be executed.

Article 180: if the condemned becomes insane or apostate, the penance will not be void. [I.e. it will not be executed]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Islamic legislator define warfare and corruption on earth in article 183″any person resorting to arms to cause terror, fear or to breach public security and freedom will be considered as a MOHAREB and be corrupt on earth.

Note 1: a person who draw arms on people but due to inability doesn’t cause fear isn’t a MOHAREB.

Note 2: if a person draws arms on one or several specific persons because of personal enmities, [he/she] will not be regarded as a MOHAREB.

Note 3: there is no difference between fire arms and cold weapons.”

Ways of prove

Article 189: propagation of MOHAREBEH and corruption on earth will be proven by one of following methods:

A) By confessing once provided the confessor is mature, sane and his confession is made intentionally and at free will.

B) Testimony of two just man.

Note 1: testimony of people who have been attacked by the MOHAREBSAND such testimonies which are in support of each other aren’t acceptable.

Note 2: if out of some people who have been attacked by the MOHAREBS, some testify that no harm was done to them, their testimonies will be accepted [as opposed to testimonies] of other.

Penance for MOHAREBEH and corruption on earth

Penance for MOHAREBEH state in article 190, this article state: “penance for MOHAREBEH and corruption on earth is one of the following four things:

1) execution

2) he/she shouldn’t remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross]

3) if he/she remains alive after three days [he/she] should not be killed

4) banishment”

Under Islamic law judge has the discretion of choosing one of the above four penance whether that has killed or injured someone or has taken someone’s property or has committed none of these.

Article 195: crucifixion of a MOHAREB will be executed as follows: [I.e. if crucifixion is the sentence, executing it will be as follows].

A) method of tying doesn’t kill him/her

B) He/she should not remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross].

C) If he/she remains alive after three days shouldn’t be killed.

D) Amputation of right hand and left leg will be by the same method as it is for “penance of theft”.

Theft (SERGHAT E HADDI)

Theft and conditions for come off it and ways of prove state with legislator in seven articles.

Define of theft state in article 197:”theft is stealing someone else’s property secretly. “

Condition of theft state in article 198: 1) the owner has placed the property in enclosure [secure place]; I must say owner himself/herself not his/her proxy, 2) the theft either individually or in association with some-one else has broken the enclosure [secure place]; this bond means if (a) broken the enclosure and (b) steal property this isn’t theft with hard punishment(SERGHAT’E'HADDI) but it can be another type of theft (SERGHAT’E'TA’EZIRI); [there are two type of theft under Islamic criminal law theft, has these conditions called (SERGHAT 'E' HADDI) and other type is theft that hasn't these conditions called (SERGHAT 'E' TA'ZIRI).

Enclosure is a place where the property in placed in order to be secure from theft.

3) The theft is not the father of the owner. This bond issue from story of Islamic messenger (MOHAMMAD) and he said "you and your property belong to your father." According this story if father or parentally grandfather steals their children property they don't condemn to punishment of "SERGHAT 'E' HADDI".

Ways of prove

The theft which will result in penance will be proven by one of the following ways:

A) Testimony of two just men

B) Two confession pf thefts to the judge provided the confessor is mature, sane, free and purposeful.

C) Knowledge of judge.

Note: if the confession to the judge is made once by the thief, the thief should return the property to its owner but he will not be penance.

The punishment for theft is as follows: [under article 201]

A) On the first occasion amputation of the full length of four fingers of the right hand of the thief in such a manner that the thumb and palm of the hand remain.

B) On the second occasion amputation of the left foot in such a manner that half of the sole and part of the place of anointing [during ablution] remain.

C) On the third occasion [the punishment] is life imprisonment.

D) On the fourth occasion [the punishment] is execution even though [the fourth] theft was committed in prison.

Note 1: prior to the execution of the punishment, multiple thefts will be considered as one theft [I.e. if the previous thefts have not been punished they will be disregarded and only the current theft will be punished.

Article 202) if the fingers of the theft's hand are amputated and after the execution of the punishment, it is proven that he had previously committed a theft, his/her left foot will be amputated.

This sentence issue from KORAN, jurisconsults says because most of thefts occur with hand and the best way for prevent theft if amputate hand and because most of people do most their works with right hand so Islam said amputate it.

GHESAS [Retaliated Punishments]

Article 204: homicide [or murder] is divided into three categories: premeditated, unpremeditated, accidental.

In premeditated, murderer has intention to makes an action which is inherently lethal and intention to kill. But in Islamic criminal code where the murderer intends to kill a specific person or a non-specific person from a group whether his action is inherently lethal or not but the action result in murder, or where the murderer doesn’t intend to kill and his/her action isn’t inherently lethal to the person [who is murdered] because of [the murdered person's] condition such as illness, disability, old age, childhood and the like, and murderer aware of these conditions.

In unpremeditated murderer has murderer has intention to makes an action which is inherently lethal but doesn’t have intention to kill.

In accidental murderer doesn’t have intention to makes an action which is inherently lethal and intention to kill.

According to article 205 premeditated murders will result in retaliation (GHESAS) but for retaliation need some condition 1) murderer and slain must be Muslim because Muslim doesn’t retaliation for non-Muslim 2) if a Muslim man premeditatedly murders a Muslim woman, he will be sentenced to retaliation, but prior to retaliation the heir of the slain woman should pay half the mulct (blood money) of the man to him; because under article 300 “the mulct for a murdered Muslim woman is half of the mulct for a Muslim man no matter if the murder is premeditated or unpremeditated.” Reason for this article and difference inconspicuous but jurisconsults say because men supply expenditure family so his blood money must twice of woman blood money; but I have objection to their logic, A) their reasoning is authentic when women don’t work out of home, now in Iran we see so much women that they superintend their family B) if we accept this reasoning we must suffice to unpremeditated as this logic is against principle; altogether I think this article is against human rights and justice because KORAN said “there is life in retaliation” and this condition cause most of murderer don’t retaliation as most of Iranian family can’ pay half of men blood money and prefer to take her blood money.

3) If murder is slain father he doesn’t sentenced to retaliation article 220″a father or paternal grandfather who kills his child will not be retaliated and will be sentenced to mulct of murder which should be paid to the inheritors of the murdered” reason of this sentence that I said about theft “story of Islam messenger (MOHAMMAD) he said you and your property belong to your father”; this isn’t reasonable cause for legislation and conflict with Islamic doctrine, Islamic doctrine say children are present of GOD and don’t belong to parents, also in KORAN we don’t see any order about this; if we accept this order we must say children belong to their mothers not fathers so this order must state for mothers.

Altogether order like this cause some father kill their children especially girls, [we see instance of this in KHOZESTAN (a state located south of Iran)].

Under article 222 if a sane person murders an insane person he/she will not be retaliated; this article says another condition: wisdom.

If several Muslim men kill a Muslim man the heir of the slain must pay their blood money to retaliation all of them or only retaliation one of them.

I must say under article 211 “reluctance to commit murder or committing murder on the order of another person isn’t a license to commit murder; and murderer condemn to retaliation; and who has ordered the murder or who has forced the murder to be committed will be sentences to life imprisonment.”

Ways to Prove Murder in Court

Article 231 say “methods of proving murder in the court are:

A) confession

B) testimony

C) compurgation

D) judge’s own knowledge

Article 232 states: by confessing to premeditated murder, the premeditated murder is proven; even the confession is made once.

Article 237 state: (1) First degree murder shall be proven by testimony of two just men; (2) Evidence for second-degree murder or manslaughter shall consist in the testimony of two just men, or that of one just man and two just women, or the testimony of one just man and the sworn testimony of the accuser.

Article 239 state: if due to some indications or by another means such as testimony of one witness, presence of a person with traces of offence at the scene of crime, presence of murdered at the residence or place of frequent of person, testimony of trustworthy discerning child, or the like, the judge suspect that the accuses has committed the crime, this [suspicion] will be of the cases of doubt.

In case of doubt, first-degree murder may be proved by the sworn testimony of 50 men who must be sanguineous relatives of the claimant. If the number of the sworn testimonies does not reach 50, any of the male testifiers may repeat his oath as many lashes as it is necessary to constitute 50 testimonies. If the claimant cannot present any of his sanguineous male relatives to provide sworn testimony in support of his or her claim, the claimant may repeat the sworn testimony 50 lashes, even if she is a woman. The claimant [in the case of murder] may be either a man or a woman but in either case he or she must be one of the victim’s inheritors.

Under Islamic criminal law if prior to dying, the murdered person remits the murderer from retaliation, retaliation will be null and the heirs of the murdered person can’t ask for retaliation; but Islamic law doesn’t determine are they can ask blood money or not? I think because this is premeditated and under article 205 its punishment is retaliation; then murdered remits murderer his/her heirs can ask blood money.

Retaliation of limb

Premeditated mayhem or injury of limb will result in retaliation, and unpremeditated and accidental mayhem will punished by blood money.

In retaliation for limb other than the condition aforesaid of life: A) limbs are equally healthy (unless eyes: the healthy eye will be retaliated for unhealthy one) B) limbs are equally genuine [not artificial] C) equality in location of injured or cut of limb (unless hand) D) retaliation doesn’t result in death or detect of another limb E) retaliation doesn’t exceed the crime.

I must say according to article 273: in retaliation for limb, men and women are equal and a male offender will be sentenced to retaliation for the same limb as he has defected from a woman unless the mulct for the defected limb is one third or more than one third of full mulct (means men mulct not women) in which case in order to retaliation, the woman should pay the mulct of the limb to the man.

This article is Incomprehensible; perhaps women pain for injury is half of men.

Altogether Iranian Islamic rules about retaliation need to change and adjustment with humanity.

Mulct (DIYAH)

Article 294 defines mulct it says: mulct is property which should be paid to a victim of murder or his/her heirs and a victim of injury.

Responsibility of paying the mulct

In premeditated an unpremeditated murders, the murderer is responsible for paying the mulct and in accidental murders, if the murder was proven either by evidence, compurgation [oath taking] or knowledge of the judge, the paternal relative (A’GHELEH) with the exception of women [of the murderer] is responsible for paying the mulct, but if the murder is proven by the confession of the murderer doesn’t compurgation or doesn’t take oath [he/she] is responsible to pay the mulct.

A’GHELEH this term has no English equivalent but refers to the person who is responsible for payment of mulct, other than the criminal. It has been defined as “paternal relative with the exception of woman” throughout this translation] is defined as paternal relatives with the exception of woman who are regarded as inheritors of a person. These people are equally responsible for the payment of mulct.

Under article 315: if two people are accusing of having committed a crime Ana each one accuses the other one of having committed the crime, and it can be proven which one was the murderer, one of them should pay the mulct by drawing lots.

Perhaps you think this isn’t square order, but I evidence this is a square order, according to supposition state in this article we sure one of these two people is murderer, perhaps you think its better we divided mulct into both of them; but I say when we take mulct than both of them certainly we punished innocent person but when we drawing lots we punished one of them and its probable he/she is guilty or innocent; so this way is next to be justice.

Cause of responsibility

A) Conduction means: committing a crime directly by the criminal.

B) Cause means: when a medical doctor, even if it is a skilled one, treats [a patient] directly or orders the treatment to be made, even if the treatment is done with the permission of the patient or [his/her] guardian and the treatment result in loss of life or causes a defect, that medical doctor is responsible and hence should pay for the damage.

Important note is: any crimes causing complete or partial loss of mind don’t result in retaliation and always punished by mulct.

The amount of mulct for loss sense is determine by legislator but the amount of mulct for loss of sense of taste is decided by judge, that called “A’RSH”.

If some one shoots bullet or things similar it to men he/she must pay 2600 us dollar as mulct (2007/3/25) but if he/she shoots to woman his/her punishment determine with judge (A’RSH); really this one hasn’t any reason and certainly against humanity.

Mulct for abortion

When embryo hasn’t soul apply equally to male and female embryo in amount of mulct but when the embryo has soul and the embryo is a boy, full mulct applies; if the embryo has a soul and the embryo is a girl, half mulct applies and if the sex of the soiled embryo isn’t clear, three quarters of mulct applies.

TA’ZIRAT

TA’ZIR is a punishment that its degree and type is not been specified in the SHARI’A and it is up to the decision of the judge. TA’ZIR can be in the form of imprisonment, fines, or flogging (it should be less than HADD).

Articles 498 up to 729 are about TA’ZIR; it does contain 29 chapters:

1: Crimes against National Security. 2: Insulting the Religious Sanctities or State Officials. 3: Insulting or Attempting at Foreign State Officials. 4: Producing False Money. 5: Forgery and Fraud. 6: Breaking Official Stamps. 7: Escaping from Prison. 8: Usurpation. 9: Damaging Historical Properties. 10: Wrongdoing of State Officials. 11: Usury and Bribery. 12: refuse to do legal duty. 13: Disobedience of State Officials. 14: Attacks on State Officials. 15: Personal Insults. 16: Compliance in a Crime. 17: Offenses against people and children. 18: Offenses against Public Moral. 19: Offenses against Family Duties. 20: Lying under oath. 21: Theft. 22: Threatening.

23: Bankruptcy. 24: Violation of Consignment. 25: Incineration and Damaging Properties or Animal. 26: Violating real estates and other properties. 27: Libels and Revilements .28: Intoxication, Gambling, and Vandalism. 29: Violating Traffic Rules

Deterrent punishment

Deterrent punishment is a punishment that is imposed by the government in order to maintain the public order. It can be in the form of imprisonment, fines, or flogging (it should be less than HADD). This means reign orders that issue from government and most of them don’t have SHARI’A roots.

At the end I must say I try to explain the most important articles that correlate to humanity; and state reason of them, I hope my article helps you to have good view about Islam and its legal system.