Volume 22, Issue 77 And 78 (9-2017)                   __Judicial Law Views __2012__, 22(__59__): __224164 | Back to browse issues page

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Sabzevarinejad H. Place of Proportionality principle between Punishment and offence in Criminal Law of Iran and England. دیدگاه‌های حقوقی. 2017; 22 (77 and 78) :133-164
URL: http://jlviews.ir/article-1-585-en.html
Islamic Azad University , hojat.sabzevarinejad@yahoo.com
Abstract:   (965 Views)

Fitness, coherence and reconciliation between punishment and crime are the tools of a balanced criminal system. Holding a rational basis for punishment is of fundamental principles of the criminal justice system and its legitimacy factor. In penal system of Iran, at least, it has not been set general and comprehensive foundations for the proportionality of crime and punishment. The lack of fundamental principles in determining punishment at the stage of penalization and sentensing is one of the major Bugs or, perhaps, the most serious criticism of Iran's criminal system. Sometimes the legislator has reduced the gap between the minimum and maximum to a maximum of 40 times in the determination of the penalty, and the court has no obligation to justify it between the minimum and maximum. It determines the amount of punishment that there is no proportion between crime and punishment, and this will undermine the proportionality principle. Therefore, the expression of the general and fundamental criterion for adhering to the proportionality principle is a strategic principle that should be addressed in Iran's criminal system. The question that has been raised and answered in this research is whether Iran's criminal system complies with the single criterion in proportion between crime and punishment. Can deduced from criminal law and judicial procedures a standard for proportion between crime and punishment? The next and, more importantly question is that what is the nature of the proportion of crime and punishment? In the present article, while referring to the Iranian and England penal codes and doctorine of the two countries, dealed with the expression and evaluation of the criteria for the proportionality of the punishment with the crime. Accordingly, the severity of the crime is a fundamental measure for proportionate to punishment and the amount of damage or damage to the victim of crime and its degree of ability to blame is the nature of the severity of the crime. In addition, on the same basis, it is possible to determine the punishment at the stage of penalization and in the process of implementation and issuance of a ruling in courts, realizing proportion by prediction of the institutions that monitor the courts.
 

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Type of Study: Critical & Analisis | Subject: Criminal Law
Received: 2015/04/21 | Revised: 2018/04/16 | Accepted: 2018/01/04

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