نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق جزا و جرمشناسی دانشگاه آزاد اسلامی واحد خمین
2 استادیار دانشگاه آیتالله العظمی بروجردی (ره)
3 استادیار دانشگاه آزاد اسلامی واحد خمین
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Unwillingness caused by consumption of alcohol is a harmful state that has forced Iranian criminal system and many of other criminal systems to react and legislate in order to control and prevent such state of mind. Iranian legislator has recently legislated a controversial regulation (Article 264 of Islamic Penal Code) which has led to a fairly wide disagreement about the infliction of alcohol consumption punishment on consuming psychedelics and psychedelic tablets like methamphetamine, amphetamine, L.S.D and Ecstasy; In a way that some criminal courts choose the punisment of Hadd and some choose discretionary punishment for unwillingness caused by willful consumption of psychedelics. This Article, with a descriptive-analytical method, argues that among two viewpoints, the viewpoint of opponents of Hadd punishment for consumption of psychedelics is more justifiable and more correct, because the first approach conforms with jurisprudence foundations and the rule of “Ehtiat in Hodud” and jurisprudential rules and penal policy of Islam in “Hodud” and because of its enjoyment from the support of famous jurisprudential views and majority of jurists; Article 264 of Islamic criminal law should be interpreted in light of the viewpoint of opponents.
کلیدواژهها [English]