Ethical and Legal Research on the Concept, Principles and Criteria of Proportionality of Crime and Punishment with a View to Criminal Law of Bioethics

Bioethical criminal law refers to the set of rights that govern criminal law, which is based on the central principles of bioethics. One of the categories that should be based on the principles of bioethics in criminal law is the proportionality of crime and punishment, which this study is very important in this regard. the main purpose of this article is to introduce the principles and criteria of proportionality in bioethical criminal law.

This descriptive-analytical study first considers two important principles of bioethics as the basic principles of research and examines its relationship with the category of proportionality, then analyzes the concept and basis of the category of proportionality of crime and punishment and in the last speech the criteria Proportion is examined in criminal matters.

Ethical Considerations:

 In order to organize this research, criteria related to research ethics and fiduciary in research references have been observed.

Prohibition of disproportionate punishments is one of the most important issues in criminal law, which is now called the principle of proportionality of crime and punishment. Criminal protection of morality has always been the focus of moral philosophers, but this study deals with the protection of morality and its components from the category of punishment. Prohibition of disproportionate punishments that have moral and legal roots must be analyzed morally and legally in order to emerge modern punishment.

This study, examines the moral and legal prohibition of disproportionate punishments in criminal law with emphasis on the two moral components of justice and human dignity. Results show that in accordance with the moral principles of human dignity and the implementation of criminal justice and based on legislative foundations, punishment must be commensurate with the crime committed and the need to observe the principle of proportionality in criminal law on legal and moral grounds in both the legislative and criminal stages is obvious and necessary. The principle of respect for persons and non-harm as important principles of bioethics, by establishing the proportion of crime and punishment, forms the criminal law of ethics, which is the creator of a just and wise criminal policy.