International Criminal Law

International Criminal Law

Jurisprudential and Legal Foundations of Removing the Death Penalty in the Crimes of Carrying and Keeping Narcotics

Document Type : Original Article

Authors
1 PhD in Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Faculty Member of the Department of Law and Social Sciences, Payame Noor University, Tehran, Iran.
3 Associate Professor, Islamic Studies Department, Payame Noor University, Tehran, Iran.
Abstract
There is no independent document in the international criminal law system that prohibits the death penalty for drug crimes in general. In fact, the international criminal law system currently seeks to prohibit the death penalty not by way of example but in general and as a general principle. One of the fundamental challenges of the Islamic Republic of Iran is drug crimes, which also encompass a wide range of other criminal behaviors. In this regard, the legislator has established a special criminal policy and punishment to deal with these crimes. Opiate criminals, including buyers, sellers, distributors, consumers, carriers and holders of drugs, are all considered corrupters of the earth and are sentenced to death. Although the carrier and possessor of drugs is a criminal, there has not yet been enough corruption in society to be included in the noble verse 33 of Surah Al-Ma'idah as a corrupter on earth and sentenced to death. It seems that it is possible to prevent the violation of the rule of precaution in the blood of Muslims and to consider a reduction in punishment and a suitable alternative for those sentenced to death, especially those carrying and possessing drugs. This reduction in the death penalty can be a deterrent to recidivism, the reform of the criminal and his return to his family and society.
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  • Receive Date 14 April 2024
  • Revise Date 06 June 2024
  • Accept Date 01 August 2024