نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In the present article, which is dedicated to a descriptive-analytical study of the causes of the lapse of retaliation, with an approach to the jurisprudence of the five schools of thought, the lapse of retaliation means the removal of retaliation after its establishment. Therefore, unlike the obstacles to the establishment of retaliation that prevent its creation and are prior-causes, causes of the lapse of retaliation are subsequent-causes that remove retaliation after its creation. Also, the causes of the lapse of retaliation are different from the obstacles to the implementation of this punishment. In the causes of the lapse of retaliation, the punishment of retaliation is permanently abolished for a legal reason; whereas in the obstacles to the implementation of retaliation, a practical and not legal reason prevents the implementation and imposition of the punishment; without eliminating it and therefore, if the conditions for its implementation are provided again, retaliation will be implemented. On this basis, considering the nature of the punishments and the the causes of for their lapse, only those cases can be considered as causes of the lapse of retaliation that are among the constructive matters, and therefore material and real matters cannot be considered as causes of the lapse of retaliation. Also, unlike the obstacles to the establishment of retaliation, which cannot be combined with the causes of the lapse, it is possible to imagine the simultaneous existence of obstacles to the implementation of retaliation and the causes of for its lapse.
کلیدواژهها English