Javad Riahi
Abstract
The examination of the evolution of the 2011s obviously indicates the tendency of the legislature of the Islamic Republic of Iran to moderate the previous punitive approach concerning ...
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The examination of the evolution of the 2011s obviously indicates the tendency of the legislature of the Islamic Republic of Iran to moderate the previous punitive approach concerning the drug and Psychedelic drugs and perpetrators of crimes related to it. In this area, one of the notable actions is the insertion of a single article in the Drug Control ACT of 2017. Despite this, the beginning of the single article which is about capital punishment, also called the death penalty shows the mitigating and reducing approach but its note which is about imprisonment for more than 5 years has a punitive approach. Regardless of the punitive approach of the note, the present paper with the descriptive-analytic method is going to study a more punitive and severe precedent as it has been formed for being passed and the enforceability of the insertion of the single article and its note in the revolutionary trials and it is rooted in one of the circulars of the judiciary chief. The consequences show that the part of the examined circular that the judges are prohibited the mitigation less than the minimum which is determined by law is not forcible and is right to be repealed for several reasons such as contradiction with the regulations of the Drug Control ACT and intellect (reason) indications resulting from the study of the process of passing the insertion of the single article and the important legal principles like the principle of qualitizing the rules.
