چکیده:
A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure to meet the goals of punishment, but leads to undesirable and adverse effects on the perpetrator. Determining the appropriate punishment and the optimum level of efficiency, is very complex issue and requires attention to many components. The present article, which Seeks to the identify purposeful penalization model, insists that the legislator must, in each crime, before any other issues should determine his "Main purpose" and choose the type of punishment according to that goal, and avoid from totalitarianism for acquisition of opposite objectives. Regarding the amount of punishment, the legislators should also consider the ease and advantages of committing a crime, the dark figure of crime, the commonness of crime and the relationship of crimes with each other, while at the same time, in line with the principle of individualizing punishment and increasing the positive effect of punishment, The judge must give more authority to determine the amount of punishment.
خلاصه ماشینی:
Foundations, Principles and Executive Mechanisms of the Targeted Sentencing Model Mohammad Ali Haji Deh Abadi* Ehsan Salimi** (Received date: 2018/3/30 Acceptance date: 2019/2/2) Abstract A review of criminal laws reveals that there is no specific logic governing sentencing in the Iranian legal system, and within these laws, many punishments exist that are disproportionate in terms of type and amount, and ineffective in achieving objectives.
In the economic analyses of criminal law, punishment is a tool for deterrence and utilitarianism, and the issue of crime becomes merely a matter of management, whereas in purposeful sentencing, the goal is the sustainable development of society in terms of crime prevention and solving the problem of crime.
In the purposeful sentencing model, the offender is not viewed as a tool or means through which order is restored and crime is prevented by imposing punishment; rather, the offender is the end goal of punishment, and by granting the right to intervene in determining the fate of the case, their inherent dignity is respected.
For further study in this field, see: Mohammad Ali Hajidehabadi and Mohammad Ghaderinia (2016), "Foundations, effects and challenges of the offender's right in determining their own fate in a criminal case," Journal of Islamic Law, Year 13, Issue 51.
Thus, if the criminalization of a behavior is in line with protecting society, meaning the goal of incapacitation is intended, punishments such as imprisonment or execution 1, as the case may be, and taking into account the fundamental principles of human rights, appropriate and effective punishments are identified.
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