نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران (نویسنده مسئول)
2 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران
3 کارشناس حقوق، دانشگاه پیام نور
عنوان مقاله [English]
One of the basic principles in criminal law is the principle of legality of crimes and punishments. Crimes, punishments and their qualities under the above principle must be foreseen. Different legislatures have incorporated this principle into either criminal law, constitutions, or our rights. In the present study, with a descriptive-analytical method and using library sources, we investigate the case of fasting or not in the scope of the mentioned principle. The religion of Islam, by bringing the rule of ugliness of the eagle of Balabian, has confirmed the principle of legality of crimes and punishments, and judges should consider such a principle in their rulings, and behavior that is not considered a crime in the law can not be ruled and interpreted. Judges must also be within the framework of the principle, and behavior such as fasting in public, although morally ugly, but until explicitly criminalized in the law, can not be interpreted by Article 638 of the Islamic Penal Code approved in 1996, which is made of words and phrases Vague took advantage of such behavior and criminalized it. Because human actions and omissions, no matter how reprehensible and harmful to the social system, are not punishable as long as there is no provision for it in the law. In other words, human actions are permissible as long as the legislator does not criminalize the act or omission of the act and does not prescribe a punishment for it.