Criminal law and criminology and the basics of criminal law
Criminal law and criminology and the basics of criminal law
zahra sharifnia1
1) Criminal law and criminology and the basics of criminal law
IOI Code
:
XDKH-GECAH
Publication :
Second National Conference on Law, Jurisprudence and Culture(conflaw.ir)
Abstract :
Proportion, coordination and alignment between punishment and crime are essential for a balanced penal system. In the Iranian penal system, at least, no general and comprehensive principles have been written for the proportionality of punishment with the crime committed. What determines the proportionality of the crime to the punishment is the purpose of the punishment. Given that in Iranian domestic law the purpose of punishment is to achieve justice, it seems that there is a correlation between crime and punishment. In the International Congresses of Criminal Law and Prison Science, it was emphasized that punishment should be commensurate with the personality and dangerous state of the offender and the principle of individualization of punishments should be accepted and implemented in the laws of countries. In all laws in all countries, criminal law, rules It restricts the rights and freedoms of the individual in order to ensure peaceful coexistence. Actions that do not cause harm to public order. It is not within the appropriate scope of criminal intervention. It is very difficult to decide which behaviors should be banned and which ones can be removed from the scope of legal action. The legislator of the Islamic Republic of Iran, in order to justify his interventionist intervention in the freedoms of his citizens, has taken into account the specific principles and criteria, and by using conventional methods, as well as the restrictions that he calls the sharia restrictions, and has committed crimes.
Keywords : punishment criminal law criminology