چکیده:
Mitigating circumstances, both legal and judicial, are one of the effective solutions to establish the principle of individualizing punishments and encouraging criminals to refrain from continuing to commit crimes, and to prevent the spread of the harmful effects of crime. The legislator has enumerated legal excuses in various articles and has delegated the authority to apply judicial mitigating circumstances to criminal judges in Articles 22 of the Islamic Penal Code and 277 of the Criminal Procedure Code. Although the legislator has not spoken about the extent of the discount and the criteria necessary for determining a more severe punishment, and in this regard, the current regulations have a serious defect, the more important flaw appears in that the legislator, by enacting Articles 4 of the Criminal Procedure Code and 727 of the Islamic Penal Code, contrary to the principles of criminal procedure, has not considered the complainant's forgiveness in forgivable crimes as a reason to suspend prosecution, and leaves the judge free to issue an order to suspend prosecution or apply a reduced punishment, so that this matter leads to the disruption of the boundaries of the impact of the complainant's forgiveness in forgivable and non-forgivable crimes.
خلاصه ماشینی:
Although the legislator has not spoken about the extent of the reduction and the criteria necessary for identifying the more severe punishment, and in this respect the current regulations have a serious defect, the more important flaw appears where the legislator, by enacting Articles 4 of the Code of Criminal Procedure and 727 of the Islamic Penal Code, contrary to the principles of criminal procedure, does not consider the complainant's waiver in waivable crimes as a reason for suspending prosecution and leaves the judge free to issue an order to suspend prosecution or apply a reduced punishment, so that this leads to the disruption of the boundaries of the impact of the complainant's waiver in waivable and non-waivable crimes.
On the other hand, the broad powers granted to the judge in determining the instances and cases of issuing an order to suspend the prosecution based on Article 727 of the Islamic Penal Code or applying a reduced punishment, even in a way that the judge has full authority in the amount of reduction, is not compatible with any legal logic and provides grounds for discrimination and injustice among the people.
Or consider it compoundable and proceed to issue an order to suspend the prosecution, while it is clear that the role of the plaintiff and the victim of the crime should not be considered the same in non-compoundable and compoundable offenses, but rather the waiver of the plaintiff in non-compoundable offenses should, as a rule and in case of necessity, lead to a reduction in punishment and in Therefore, from our point of view, this law delegates the task of legislation to the judiciary, so that with its authority, it practically considers each of the 03 enumerated criminal titles as compoundable or non-compoundable, which is in clear conflict with Articles 71 and 85 of the Constitution.
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