Ebrahim ZARE
Abstract
The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment ...
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The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment for each crime and execution in cases where there are multiple crimes or not?Regarding the proportionality of punishment in various crimes,the criminals have relied on another principle called"overall proportionality"to determine the punishment commensurate with those crimes,which is based on mitigation.Otherwise,we will face an increase in the impunity of punishments.In some cases,the offender is deprived of major part of life and in some cases;people are destroyed as a result of criminal sanctions or it imposes a punishment that is equivalent to the punishment of severe and serious crimes.Although this principle is supported by intuitive attractions,it will need philosophical convincing justifications.Retributivists who believe in the principle of equal punishment for equal crimes must now provide evidence in order to justify bulk discount in the punishment of multiple offences.The idea of overall proportionality,which is based on the qualitative measurement of harm rather than a quantitative and numerical model,can be a good basis for determining punishment of multiple offences.
EBRAHIM ZARE; Mohammad Ebrahim Shams Naterry; Mojtaba Ghasemi
Abstract
Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible ...
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Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible to exploit the benefits of its implementation. This study is attempt to examine the general condition of multiple crime in alternative imprisonments (article 72, IPC), and interaction with other law institutes. the same way, it scrutinizes the effect of this confrontation on the determination of the penalties for alternatives imprisonment to clarify the effectiveness of this lenient institute and the limitations of applicable penalties. what springs to mind first regarding the multiplicity of crimes and the existence of this condition in alternative imprisonment, is intensification of this institution to deprive the perpetrators of a criminal offense of alternative imprisonment. On contrary, with the clarification of concept, the immediate effects of this condition will be determined by the fact that it will exacerbate minor offenses on one hand and discount for serious crimes and dangerous offenders on the other hand. Consequently, the existence of such a condition in the alternative imprisonment will rupture this institution.
