One of the important subjects of the General law
Punishment is so bigining thecrime. bigining the crime at the first time
was seriously set forth by the Italian lawyers atseventeenth century.
This matter after that was disscussed ....... consequently by theother
lowyers ....... and ....... during the last three century this matter
involved thetremendous changes and was compaying considering the
Doctorian, ....... the remarkableflourishing and muturity.
The Iranian legislatorsalso because of the
importance of the matter of bigining thecrime, with modeling of the
penal Regulations collection of the France, year 1810(Napelion code),
for the first time, has included the mentioned legal
stablishmentofficially into the Iranian legal system and since now has
the Remarkable and seriousprecence at the Iranian law system regarding
the variaus changes the importance ofmentioned subject is so much that
some of the Islamic lawyers had payd attention tosurvey and comparison
of this matter at the subjected law system and Islamic laws.
The other important issue is that, the Iranian
lawyers has comfirmed the legalestablishment of begining of crime, after
the Islamic Revoloution and has allocated thenumerousmatters in this
regard while we know that the Iranian legislators has attemptedto accept
the legal constructions, Regarding the Religious concepts and basis
facts, weshould findout the Religious basis of the bigining the crime,
with more precision andconsideration concerning finding the instead of
bigining the crime, we must say that theviewpoint of the Islamic and
classic regarding the crime lawyers is the completecomparison of
mentioned consepts at the otherhand the Islamic and classic
lawyersbelieved that the ....... of the same crime is impossible,
regarding the common points ofthese two concepts but regarding the
crime, and the preface ....... of unlawful, some ofthe Islamic lawyers
said that because of the comparison of the rate of crime has beendone
and therelevant punishment at the bigining of crime. With the preface of
unlawfulthe Religius instead of the bigining of crime is preface of
unlawful thus the preface ofunlawful is the same as the bigining of
crime. Therefore I believe that with comparingthe essential disscussion
of preface of unlawful with bigining the crime, and counting
thedifferences points of these matters with the viewpoint of the lawyers
the preface ofunlawful with bigining the crime. not only is not
compattible but these two disscussionsare completely different and
divergent subjects.
Otherwise at the end of this letter, we tried to
survey these matters precisely, afterdefinition of the principal legal
and Religious subjects after the precise survey andconsidering the joint
points and difference points of these. The criteria of these mattersor
the Religious instead ....... of them has been introduced. Finally the
viewpoint of thefamous lawyers should explain codumently.
