Punishment based on expediency in punishments-based punishment in ta'zir punishments
Punishment has always been used as the strongest reaction of the criminal justice system to offenders, and each legal system pursues a specific goal in sentencing and sentencing based on its intellectual-philosophical foundations. So that the purposes of punishment also form forms of punishment. The main goals, principles and forms of punishment that are mainly implemented in society, represent the characteristics and nature of that society.After the victory of the Islamic Revolution, the Iranian penal system, without presenting any model theory for criminal policy and without determining the main purpose of criminalization and punishment in order to implement the fourth principle of the Constitution, following the jurisprudential views of textualists punish the principles of customary law It set aside the guarantee of the performances used in its criminal arsenal in accordance with the Islamic legal system. While examining the amount and type of these punishments, many contradictions and divergences between the Iranian penal system and the Islamic legal system are observed. On the other hand, gradually due to the emergence of new jurisprudential views, legal objections, as well as international pressures, problems in implementation and ultimately realism, the Iranian penal system using a special kind of expediency to modify, convert and reduce punishments without considering the effects And its consequences have taken action.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.