نوع مقاله : پژوهشی
1 دانشیار گروه حقوق جزا و جرم شناسی دانشگاه شهید بهشتی
2 عضو هیأت گروه حقوق جزا و جرم شناسی دانشگاه تهران
3 دکتری حقوق کیفری و جرم شناسی دانشگاه شهید بهشتی؛ رئیس شعبه دادگاه تجدید نظراستان تهران
عنوان مقاله [English]
Penal policy in the meaning of the combating crimes by means of punishment, like all other policies has some special patterns. This policy has three fields: criminalization, criminal liability and punishment and every field has its own models. Every countries select one model as a primary pattern and use some other patterns exceptionally. However, the important issue is consistency of policy. There is a strong relationship between selecting the pattern, in one hand, and situation which the provision is enacted, in the other hand. This paper, with the discourse analysis approach will scrutinize the post revolution criminal Acts to find out what was/is the primary model of sentencing in the Iranian criminal law and consider why the sentencing model is changed in the last Criminal law, i.e. Islamic Criminal Law 1392. Finally, it concludes that the most important sentencing model in the first three decades was voluntary sentencing model. Because the prominent approach was Fiqh approach and in the fourth decade the primary sentencing model is shifted to presumptive sentencing model.