A review of judicial powers in various schools for determining punishment

Paper Details

Research Paper 01/01/2015
Views (867)
current_issue_feature_image
publication_file

A review of judicial powers in various schools for determining punishment

Atefeh Kousaripour, Mahmood Bavi, Siyavash Shjapourian
J. Biodiv. & Environ. Sci. 6(1), 599-605, January 2015.
Copyright Statement: Copyright 2015; The Author(s).
License: CC BY-NC 4.0

Abstract

The principles of securing justice and individualizing punishment can be likened to two sides of the same coin, mutually justifying the simultaneous existence of each other. With regard to determination of punishment, on the one hand, the principle of equality and consistency of punishment lacks the required efficiency in that it does not consider the specific personal and social circumstances of the criminal in individual cases, and this condition would justify the imposition of equality of punishment; and on the other hand, the principle of securing justice is itself the foundation stone of individualizing punishment. No doubt, legislation of fixed punishments by legislators resulting from their mistrust of judges, which itself results in equal/unequal treatment of criminals, would completely destroy any chances of individualizing punishment. However, by setting forth minimum and maximum punishments and recognizing the right of a judge to apply mitigating or aggravating circumstances, to suspend or delay a punishment, to pardon or apply conditional release, and to impose additional punishment, legislators have actually provided a judge with a certain degree of freedom to issue sentences in accordance with the criminal’s specific characteristics as well as the specific circumstances of the crime. In this regard, Islamic Code of Punishment has taken steps to individualize punishment via considering limits for penalties (Taazirat) where particular importance is given to a judge’s insight, and via recognizing repentance as a way of mitigating punishment.

Aliabadi A. 1989. Criminal Law. 2, 1st Ed, Ferdosi Publications.

Atrak H. 2008. Moral Utilitarianism, Views and Reviews Journal, Year 110, Nos. 1 & 2.

Beccaria C. 2006. Articles on Crimes and Punishments. translated by Ardebili M. 5, Mizan Publications, Tehran.

Delmas M and Ray M. 2002. Systems of Great Criminal Policy. Translated by Abraandabadi A. 1st Ed. Mizan Publications.

Goudarzibroujerdi M. 2005. Inflation of Criminal Laws in Iran with a view to Decriminalization, MS Theses, Tehran University, Department of Law and Political Sciences.

Mahmoodijanki F. 2009. Criminal System: Goals and Requirements. 1st Ed., Sharaffiran Publications.

Mohseni M. 1987. General Criminal Law. 1, 3rd Ed., Ganjdanesh Publications, Tehran.

Moin M. 1987. Persian Dictionary (Intermediate), Vol. 1, 6th Ed., Amirkabir Publications.

Nobahar R. 2010. Principle of Securing Jusice, Shahr Publications.

Pradel J. 2009. History of Criminal Views. Translated by Abrandabadi A., 4th Ed., Samt Publications, Tehran.

Pradel J. 2012. History of Criminal Views. Translated by Abrandabadi A., 6th Ed., Samt Publications, Tehran.

Rahmdel M. 2010. Proportionality of Crime and Punishment, 1st Ed. Samt Publications.

Saki M. 1972. An elementary Course in Criminal Law, 1st Ed., Dadgostar Publications, Tehran.

Shami M. 2013. Introduction to Criminalization and Decriminalization. 1st Ed., Jangal Publications, Tehran.

Related Articles

Effects of dried faecal sludge fortified with various rates of Burkina phosphate powder on the growth and yields of maize and cotton cropped in a rotation system in western Burkina Faso

M. Traore*, J. K. F. Sanon, A. S. Hema, I. Semde, S. Traore, B. Koulibaly, J. Biodiv. & Environ. Sci. 29(3), 1-12, September 2026.

Nature-based solutions for climate-resilient industrial wastewater management: A framework and semi-systematic synthesis

Kazy Mohammad Iqbal Hossain*, J. Biodiv. & Environ. Sci. 29(2), 67-82, August 2026.

A minor Ivorian-Ghanian upwelling season influenced by the interaction between the Atlantic El Niño and marine heat waves

Mamadou Koné*, Hilaire Amemou, Kouakou Urbain Koffi, Yves Kouadio, J. Biodiv. & Environ. Sci. 29(2), 53-66, August 2026.

The checklist of vascular plants of Bangladesh (CVPB): A dynamic web-based plant database for botanical exploration

Md. Salah Uddin*, Shaikh Bokhtear Uddin, J. Biodiv. & Environ. Sci. 29(2), 45-52, August 2026.

Diversity of wild and honey bees in relation with melliferous plants in northern Côte d’Ivoire, West Africa

Drissa Coulibaly*, Yalamoussa Tuo, Adjoua Madeleine Kouassi, Dognimin Issouf Soro, Mouhamadou Kone, Larba Hubert Balima, J. Biodiv. & Environ. Sci. 29(2), 10-21, August 2026.