Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
2
Assistant Professor, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
3
Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
Abstract
In principle, the proportionality of crime and punishment, which is based on the point of view of punishment, what connects the punishment to the crime is the severity of the crime committed. But it should be noted that the severity of the crime has a fundamental role even in the utilitarian views of punishment. Legislator regardless of blameworthiness and harm and dangers resulting from the crime, which are the criteria for determining the severity of the crime. has proceeded to impose punishments, subsequently criteria and indicators for evaluating the severity of crime and punishment have not been provided to judges, as a result, in many cases, the principle of proportionality of crime and punishment has been violated, and subsequently it has led to the formation of inconsistent judicial procedures, which is decisive It is the punitive or utilitarian point of view of the judge. Therefore, if two criminals commit the same crime under the same circumstances, due to the lack of criteria to determine the severity of the crime, they may face different punishments. Therefore, it is necessary to examine the application of the criteria for determining the severity of the crime.
Keywords
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