Analysis of the case law in powers of judges in mitigate and aggravate punishment in military court

In different legal systems, the limits of the judges in relation to the determination of punishment have been challenged. In the Iran legal system, the range of these powers varies according to different crimes and their characteristics. In this way, in some crimes, this range is very limited and in others it is very broad. The practice of courts has often been such that they have used all the capacities of all laws and regulations in line with a mitigation or aggravation approach. In this article, under two sections, the practice of military courts in mitigate and aggravate punishment has been tried to clarify these courts as well as to determinate the lacks and deficiencies of measures. Finally, it become evident that the arrangements for the Armed Forces Penal Code in both approaches required modification and predication of measures tailored to the systems in the armed forces.