نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرمشناسی، دانشگاه گیلان، رشت، ایران.
2 دانشیار، گروه حقوق، دانشکدۀ ادبیات و علوم انسانی، دانشگاه گیلان، رشت، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The influence of teachings of criminal sciences on penal codes has led to the acceptance of mechanisms that exempt or mitigate punishment, aligning with utilitarian objectives and the principle of individualization of punishments. Iran’s criminal laws in alignment with developments in criminal sciences, have embraced numerous clemency mechanisms for non-security offenses so that the legislative adoption of such mechanisms had a considerable impact on judicial procedure. The core question of the present note is if the leniency mechanisms have also been considered in non-violent offences against the state security. This paper, by examining existing laws and judicial procedure, concludes that in such crimes, due to the dominance of security-oriented policies, such mechanisms have not been adequately considered from both aforementioned perspectives, adequately in court rulings. This neglect of attention toward emerging clemency mechanisms in comparison to its classic counterparts is particularly evident. In the present paper, the aforementioned mechanisms in non-violent crimes are examined from the perspective of legislative and judicial criminal policy, and the degree of alignment between the two in utilizing these mechanisms has been analyzed.
کلیدواژهها [English]