Document Type : Original Article
Authors
1
Department of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2
Department of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran (corresponding author)
3
Department of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
10.30510/psi.2022.359582.3899
Abstract
The purpose of the current research, which was carried out with a descriptive-analytical method, is the pathology of preliminary research based on the principle of certainty and finality of punishment. The principle of certainty and certainty of punishment is one of Caesar Bekaria's ideas in the book Treatise on Crimes and Punishments. The principle of certainty and certainty of punishment means that people, especially criminals, have a definite belief that anyone who commits a crime will be punished without hesitation and with certainty through a definite and inviolable sentence. The certainty of punishment, even moderate, always has a stronger effect than It leaves the fear of a terrible punishment in which there is hope of liberation; Because when it is impossible to escape from punishment, the mildest sufferings make the human soul wild, the milder the punishments, the less the need for mercy and forgiveness is felt. However, in Iran's criminal justice system, the legislator has somehow questioned these principles by providing various institutions in the trial stages, especially in the preliminary investigation stage. Among the institutions that violated the principle of certainty and certainty of punishment in the preliminary investigation stage, we can mention the institution of suspension of prosecution, filing of case and mediation.
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