The need for change in the process of individualization of punishments in the light of utilitarian theory with regard to the role of police and judges

One of the necessities of criminal law is the application of individualization of punishments in the light of utilitarian theory. They were holding. This research seeks solutions to transform the individualization of punishments based on the findings of utilitarian theory.

The content of this research is based on descriptive-analytical method.

Based on the findings of this study, in order to change the individualization of punishment in the light of utilitarian theory, we can rely on the principle of legality of crimes and punishments in the law to act in such a way that for crimes, limited and predicted punishments exist. Instead, a diverse set of punishments should be provided so that the judge and police has the authority to apply the best punishment that is most useful, according to the philosophy of sentencing and the prevailing circumstances of the crime, according to the individualization of punishment.

If we believe in the philosophy of utilitarianism, we should go one step further than the current situation of sentencing and individualization of punishments, and instead of simply leaving the judge and police to decide between the minimum and maximum fixed and predetermined punishment. To make him free to choose the type of punishment so that both the individualization of punishment in its new meaning is realized and by adapting the original purpose and philosophy of sentencing to the applied punishment, we can also realize the intended benefit of punishment for the perpetrator.