تحليل انتقادی ماده 547 ق.م.ا در تداخل دیه جائفه با جنایات دیگر: جستاری انتقادی بر تداخل دیه جائفه با جنایات دیگر (نقد و پیشنهاد اصلاح ماده 547 ق.م.ا)

نویسندگان

1 استادیار، گروه حقوق دانشگاه آیت‌الله بروجردی (ره)، بروجرد، ایران.

doi
10.22037/mfj.v13i43.34156
چکیده

Background and Purpose: Jaefe is a title of an injury for which one-third of a full blood money has been assigned. In this crime the criminal drags a dagger on the back of the victim, wounds his/her ear, injures his/her eyes, tears his/her lips and at last leads the dagger into his/her heart and penetrates it into the depth of his/her chest. Assuming that all mentioned crimes occur at once and with a single strike in a few seconds, the legislator in article 547 of the Islamic Penal Code has prescribed the blood money as follows: "whenever a deep injury like Jaefe is occurred at once, only the blood money for same deep injury will be paid". The present study has been conducted to investigate the degree of compliance of the mentioned article with the relevant jurisprudential principles.Materials and methods: This study is theoretical and based on a descriptive-analytical method by collecting information in a library manner that tries to correct article 547 of IPC after examining the jurisprudential and legal sources related to the blood money of crimes and their interference and non-interference.Findings: Although in the issue of interference of blood money of Jaefe with non-Jaefe, in case of committing multiple crimes with a single strike, the legislator has considered the interference of blood money and condemned the victim to pay deep blood money. But according to jurisprudential principles and also by citing materials of the penal code, contrary to the legislator's view, the theory of multiple blood money is preferred as long as the victim is alive.