Abolghasem Fallahi
Abstract
Mitigation of punishment is one of the effective tools of criminal policy in implementing the individualization principle of punishment, more effectiveness, and attainment of the rehabilitative and corrective goals. In Iranian criminal law, according to Islamic jurisprudence, there is no Mitigation of ...
Read More
Mitigation of punishment is one of the effective tools of criminal policy in implementing the individualization principle of punishment, more effectiveness, and attainment of the rehabilitative and corrective goals. In Iranian criminal law, according to Islamic jurisprudence, there is no Mitigation of punishment in the Qisas and Diyat, and these penalties are subject to their own rules. In the scope of Ta'zirat, before adoption of the Islamic Penal Code of 2013, the Mitigation of punishment was not organized in the laws and there was no clear judicial procedure in the criminal courts regarding the manner and the amount of Mitigation. The evolutions and changes made in this law based on corrective goals and social defense are accompanied by a different approach to the Mitigation. On the one hand, the amount of Mitigation is determined on the basis of the punishment rating, mitigating factors are confined, Absolute conversion of incarceration to fine is prohibited, and power of judges in amount of mitigating are limited to a certain extent. On the other hand, the number of mitigating factors has been increased, the scope of the effect of the Mitigation has been developed, and the combination of the provisions of Mitigation and intensification has been organized. However, in spite of the coherent and organized appearance of the provisions of this law, there are some loopholes in this structure, which will manifest itself in practice and may prevent it from achieving its goals. The present study, by demonstrating that the deficiencies of this law will virtually form part of its provisions in conflict with other sectors, will provide suggestions at both legislative and judicial levels to address those objections.
