Dimensions of Tendency toward the Public Order about the Provisions of Retaliation in the Penal Code (2014)

According to the close relations between criminal issues and public security and order in one hand and different opinions in Islamic Law in the most of criminal matters on the other hand, adopting the proper approach by the legislator has been greatly taken into consideration. Wise choice of Fatwa (religious doctrines) which provide public security in the provisions of retaliation in the new penal code by the legislator is clearly visible and obvious. This essay tried to express some appearances of legislator’s approach such as: criminalization of killing a person who is supposed to be killed according to the law (deserving death), criminal protection of victims of murder, acceptance of blood money by avenger of the blood without the murderer’s consent, developing the guarantees of debts to treasury for prevention of its misuse by criminals, criminalization of killing the murderer by avenger of the blood without the court permission, and the considering the killing by mistake in victim’s personality as murder. These aspects may show increase of importance of public security by the legislator. It also increases the hope among the law scholars that preference of Islamic law opinions providing the public security by legislator is accepted as a general method which can be taken into account during the enactment of other criminal provisions