AD ALTA
JOURNAL OF INTERDISCIPLINARY RESEARCH
perpetrator they cancel retaliation and overlook such protests.
Procedure of National Supreme Court has been formed
accordingly to refuse awards of execution. The problem is not
only limited to this point in judicial approach about retaliation
punishment since judicial precedent encounters problem to
determine which type of punishment and at what level should be
stipulated instead of retaliation. Retaliation punishment is placed
at one side and under the most aggregated condition there is
attachment in house of correction by virtue of Article 89 on the
other side. Looking at this condition here, one can find judicial
challenges against enforcement of legislator’s approach in taking
appropriate reaction by the judge because it has not been yet
accepted customarily to imprison someone instead of retaliation
order. Accordingly, here it necessitates duly preparation of the
needed platform with culture-building to adjust penal- judicial
policy to modern approach of legislator. On the other hand, it is
declared by norm that detention of a person may not meet his/
her right. Moreover, the subject may demand for insolvency to
pay blood money and at last the owner of blood do not benefit
from blood money at all. According to attitude of some judges
even under such a condition, if retaliation was a right for the
government and not right of owners of blood, the practical
problem was reduced more and execution punishment in drug
abuse related crimes may confirm their given idea.
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Summary of Primary Paper Sections: A
Summary of Secondary Paper Sections: AG
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