Application of Theory of Punishment Objectives in Islamic Penal Code

Subject Areas : Political and International Researches Quarterly

Kiomars Monjezi ¹ , Shahram Mohammadi ² , tayebe bizhani ³ , ahmad fallahi ⁴

1 - Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran
2 - Department of Law, Kurdistan University, Sanandaj, Iran,Corresponding Author: mohammadi_lawyer @ yahoo.com
3 - - Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran
4 - Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.

Received: 2021-12-08 Accepted : 2021-12-08 Published : 2021-11-22

Keywords: punishment, crime, philosophy, Punishment Theory,

Abstract :

The subject of this research is theorizing the purposes of punishment in the Islamic Penal Code of Iran. The main question of the research is what are the effects of criminal law theorizing on criminal policy in Iranian law? The hypothesis of the article is that based on the theory of criminalization, decriminalization and impunity have been done and the interventions of criminal courts should be reduced in favor of other means. The results show that the theory of criminalization of the degree of harm to the victim and the degree of its ability to blame, constitutes the nature of the severity of the crime and on the same basis can be determined both in the legislative stage and in the judicial stage, proportional. Committed crime and punishment. The legislature should use non-criminal responses, remedial, compassionate mechanisms that seem more effective in this regard. The research method is descriptive-analytical and the data is collected in a library method.