Document Type : Original Article
Authors
1
PhD Student, Department of Criminal Law and Criminology, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
2
Assistant Professor of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran, Assistant Professor and Faculty Member of Shahrekord University
3
Assistant Professor of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
Abstract
determining punishment is very important in deliberate and purposeful criminal policy. A review of ta'z .r thefts reveals that in the Iranian legal system, there is no specific logic in determining the punishment for such crimes, and in these crimes, there are many disproportionate punishments in terms of type, amount and inefficiency in order to achieve the goals. Clichéd and irregular punishments not only fail to achieve the purposes of punishment, but also have adverse and adverse effects on the offender. Determining the appropriate punishment and its optimal degree that is most effective is a very complex matter and requires attention to many criteria. This article emphasizes that the legislator in ta'zیریr thefts before any matter should determine its main purpose of punishment and choose its type according to that purpose and according to the legal, philosophical, political and sociological principles. To impose a penalty. Regarding the amount of punishment, the legislator should pay attention to the ease and benefits of committing theft, the black figure of delinquency, the generality of the crime and the connection of theft with other crimes, and at the same time in order to individualize the punishment and increase the positive effect Leave the punishment open.
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