Maryam Havil; mohamadjavad pourhosseini
Abstract
The crime of escape of prisoners is found in the seventh chapter of the Penal Code of Tazeerat. In the Islamic Penal Code, Iran's criminal law has dedicated a separate topic to this ...
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The crime of escape of prisoners is found in the seventh chapter of the Penal Code of Tazeerat. In the Islamic Penal Code, Iran's criminal law has dedicated a separate topic to this topic and has considered a specific punishment for each crime, which seems to be insufficient and has legal ambiguities in some cases, in terms of the psychological element. Most of these crimes can be committed intentionally,but in some cases, the legislator has criminalized the unintentional behavior and criminal error of the perpetrator, such as Article 550 of the Penal Code of the Penal Code regarding the fault of the arresting officer that leads to the escape of an individual. that he should be arrested, Article 548 of the same law, which is about the fault of the guard and employee of the prisoner, which leads to the escape of the imprisoned or arrested person.According to the logic of Article 547 as explained above and the principle of legality of crime and punishment, the escape of a prisoner outside of the above three cases is not a crime, and since the accused is sent to the prosecutor's office, court or hospital and his escape from these places, it is one of the three cases. It is not considered in Article 547.The crime that is the subject of this article is absolute from the point of view of the psychological element, and from the point of view of the material element, it is bound to be released from prison.
