The principle of proportionality of crime and punishment in Iran and England's criminal law

Hojjat Sabzevari Nejad
2015 Journal of law and psychology  
Proportionality, harmony and alignment between punishment and crime is one of tools of balanced penal system. In order to release from from the conflict and contradiction in goals of criminal policy must recognized standards and its principles to be able to justify criminal policies. In order to createequilibrium,balance, proportion and expression of quantity (intensity and degrading) and the quality of punishment annoyance with any criminal behavior it is necessary to follow criteria that not
more » ... criteria that not face with chaos in punishment determining system. Proportionality between penalties and criminal phenomenaas a prudent measure can consider as explanation reinsurance in penal system. Theories influence am ong the early supporters and later view it the offender is entitled on the basis of crime as punishment fit the criminal behavior locate their basis theories. Therefore, recognizing the principle of proportionality and conditions since the foundation of the theory of punishment-oriented and the criminal law of England and in some cases is also on the Iranian penal law and in this respect, the victim of a crime will play a key role in determining the proportionality of punishment to crime is necessary. This papersought to clarify the concept of proportionality between crime and punishment and its conditions and the role of crime victims in it. Provide objective and not subjective criteria is one of its goals the principle of proportionality of punishment and crime and its place in criminal law of Iran and England.
doi:10.7813/jle.2015/6-1/24 fatcat:jslunontunfw3mshitquyppoke