نوع مقاله : علمی- پژوهشی
نویسندگان
1 استاد، گروه حقوق جزا و جرم‌‌شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، تهران، ایران.
2 دانشجوی دکتری حقوق جزا و جرم‌‌شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی ، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Under the influence of recent comparative and criminological studies, new criminal approaches titled sentencing guidelines in the form of Article 18 of Islamic Criminal Act entered the legal and judicial literature of Iran that would promise to change the attitude of the legislator in the context of legislative criminal policy. Accordingly, it was expected that the legislature, by proposing a strong definition of Guideline Principles and likewise providing the necessary grounds, could provide the necessary conditions for the utility of this individualization institution and prevention of the judges' votes being depressed as a result of the sentencing powers delegated to the judges. Therefore, the overarching question is whether the provisions relating to individualization have been predicted in a way that leads to the realization of systematization in punishment and suitability of punishment with the defendant’s characteristics. To this aim, the authors reviewed 150 related judgments and then conducted in-depth semi-structured interviews with 12 available judges. The results showed that the application of Article 18 and the subsequent sentencing stage has faced numerous challenges. These challenges can fall under two general categories: (a) "The lack of a specialized commission of punishment" and (b) "disagreement between the legislative criminal policy and available judicial and legal facilities and infrastructure. Consequently, it can be claimed that such challenges are a function of the legislative imitation of the strategic principles of other criminal systems without localization, and at a macro level, and development of the necessary organizational culture through providing its executive biases.
کلیدواژه‌ها [English]
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