Deprivation of freedom

Document Type : Original Article

Author
Assistant Professor of Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch
Abstract
In three articles of 583, 621 and 623 of the Islamic Penal Code (IPC) the legislator alongside of the phrases of "Detention", "Imprisonment" and "Stealing" has mentioned the phrase of "Concealing". Concealing is a form of deprivation of the freedom and in fact by criminalization of the mentioned acts, the legislator is looking for a full protection of the freedom. Although, using the same phrase in different articles may make the image of useless of its using in some cases, but it seems that each of the mentioned articles are referring to a different situation and logically the legislator has not repeated a similar criminalization. So, a kind of interpretation which does not regard any of the useless is rational. Although, a correct and right criminalization requires the legislator to enact a code comprehensive, but the difference of the nature of the act in different cases or its connection with special circumstances in some cases and non-connection of it with special circumstances in other cases can justify the way which the legislator has followed. The present paper considers the different aspects of the case in the three mentioned articles.
Keywords