Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2
Associate Professor, Faculty of Literature and Human Sciences, Yasouj University, Yasouj, Iran
3
Assistant Professor, Department of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
Abstract
Grading from a lexical and idiomatic point of view, as it is known, means measuring, determining, measuring, numbering, rating, etc. Grading based on a new logic known as fuzzy logic is one of the very practical and new topics that is discussed and studied in most sciences, including the science of law. In the science of law, criminal law is one of the trends that will be introduced in the current laws and regulations in accordance with this new topic. The present study was written with a descriptive-analytical method and with the aim of examining the background, foundations and principles governing the grading of punishments in Iran's legal system, and it comes to the following conclusion: 1- Legislative changes in Iran's criminal system show that the punishments in criminal laws are A single classification has not been followed; Therefore, the same classification is not seen in the five legislative periods (1304 General Penal Law, 1352 General Penal Law, 1361 Islamic Penal Law, 1370 Islamic Penal Law and 1392 Islamic Penal Law). 2- Grading of punishments in Iran's legal system is based on jurisprudence and legal principles. This is to explain that for the classification of punishments, in jurisprudence and law, certain principles have been taken into consideration, and after the Islamic revolution, the classification of punishments has been started with the emphasis on visa based on Sharia. 3- Today, although grading or phasing in criminal law as one of the topics of the day is influenced by fuzzy logic, it is not unrelated to some known principles in the criminal system. Among these principles, we can mention the principle of legality of crime and punishment, the principle of equality of punishments, the principle of proportionality between crime and punishment, the principle of individualization of punishments, which are written in ...
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