Culmination of Law

Culmination of Law

Contradiction of the law on reducing the punishment of imprisonment with the components of deterrence and the goals and functions of punishment

Document Type : Original Article

Authors
Akbar Alizadeh 1
Khosrow Eskandaru 2
Sadegh Tabrizi 3
1 PhD student in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2 Master of Laws and Lecturer at the University of Police Sciences. Tehran Iran.
3 Assistant professor and researcher in the field of criminal law.
10.22034/thdad.2023.552174.2148
Abstract
law of reduction; Without special rules, forgivable crimes have been developed, and some crimes such as fraud, kidnapping, destruction, etc. have been introduced under the predicted conditions, including examples of forgivable crimes, which have a negative effect on The severity of punishments is one of the deterrent components of criminal laws. 2- In this law, the minimum and maximum prison sentences for punishable crimes of the fourth to eighth degree are divided and it is stipulated that the judicial authority must impose the minimum punishment, and if more than the minimum prison sentence is determined in the document, the reason and to state its reasons in the sentence, this prediction is also contrary to the certainty of punishments as another component of deterrence. 3- Anticipation of institutions such as amnesty, irregular discount and providing multiple grounds for agreement with the accused in order to choose an alternative to imprisonment, is contrary to the principle of speed in the execution of punishments as the third component to evaluate the deterrence of laws. to be Also, the regulations foreseen in the reduction law are contrary to public order and feeling of social security as the two general goals of punishments, and while endangering social order, it will also reduce people's sense of security.
Keywords
Law of reduction
deterrence
severity of punishment
speed of punishment
public order
social security

Subjects

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Culmination of Law
Volume 11, Issue 1
Summer 2025
Pages 137-166