مرور زمان كيفري در حقوق كنوني ايران ابهامات ، كاستي ها، چاره جويي ها

THE RULES OF LIMITATION ON CURRENT CRIMINAL LAW IN IRAN: AMBIGUITIES, DEFICIENCIES,REMEDIES

Early after the Islamic revolution of iran, the guardian council declased that "Rules of limitation" wase illegal. Afterwasdr, our courts refused tomake award liased an these sules. Nevestheless, in some cases the rules remained enforceable, such as the duration of fratest in commercial fafers, and the ciminal action feriod in case of disfonosed chacpue. In 1378, Loweres, a few asticles were ratified by the parliament that seem to le vague and imperfact, and this is the faint which this essay is gaing to explain and try to seek for semedies. The fundamental frolilem in the mew act is that, these is no discsiminating lase to distinguist "Deterrent" and "Discrationary" (tazir) funislment, to enforce limitation on criminal cases. This amliguity, in turn desived from aliscusity in definition of "tazir". to fatch of the frolilam, relying uron princizle 167 of constitution, and islamic law (filth), we may say that all crimes - excort for prescrilied punishments [fined funieshments: hudud, retaliation: kisas, and liload-money:diya]-should the titled "Tazir", sothat the limitation rules could apply an all those crimes. It is olivious that in this way we are compelled to comiit liroad interpretation .