Ali Gholami; Mohammad Hossein Mojtahedi; Mohammadhasan Tahmasebi
Abstract
The balance between protecting individual rights and, at the same time, preserving and sustaining social security is among the key tasks of the criminal justice system, which is being challenged in the context of some guarantee of performance. As in some of the crimes, the preservation of the dignity ...
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The balance between protecting individual rights and, at the same time, preserving and sustaining social security is among the key tasks of the criminal justice system, which is being challenged in the context of some guarantee of performance. As in some of the crimes, the preservation of the dignity of persons and the psychological security of the community, even the possibility of declaring and expulsion of the crime should be avoided. On the other hand, the introduction of perpetrators of certain crimes-as violators of the rights of the community-is also considered necessary for the establishment of social security. Tashhir's punishment is a typical example of the above proposition that has been the subject of some of the official poetry in some of the legal material. These include items 19, 23 and 36 of the Penal Code as core and supplementary penalties, as well as Note2, Article353 of the Criminal Procedure Code. The criminal system of Islam recognizes the Tashhir punishment and is organized in a structured manner with specific objectives for deterrence and prevention. Meanwhile, Tashhir has been censured for some limited crimes and for a limited number of punishments, but its application to other torture offenses is a matter of reflection. The present paper, using a descriptive-analytical method, first addresses the question of whether the prediction of Tashhir in the scope of Ta'azir crimes violates Islamic norms and norms, and then, in a comparative approach to the laws and decrees of the United States to justify the criminalization of this punishment and the judiciary The existence of this criminal institution will be analyzed in the criminal justice system. Finally, the paper has proven that there is not only a legal and jurisprudential impediment to recruiting Tashhir punishment for imprisonment but that contemporary criminological and psychological principles continue to pursue such goals as deterrence and the prevention of the commission of certain crimes possible through the use of Tashhir punishment.
