Strategic Principles on the Correlation between Crime and Punishment in the Armed Forces

Today the Lady Justice is not blindfolded anymore; criminal law has come out of its pure legal shell and has found another form inspired by the findings of criminology and related sciences such as psychology, biology, geology and penology and has a different way in its encounter with the accused. The new encounter is not necessarily repressive or retaliatory. Paying attention to the accused character and the circumstances in which the crime is committed are among the inevitable parts of the punishment. The signs of this new interpretation of criminal law can be observed amidst the various legislative texts, explicitly or implicitly. In some cases the legislator requires the judge to comply with the new interpretation of the criminal law. The principle of proportionality of crime and punishment as one of the principles governing the punishment has gained greater attention in recent years; the main reason is the development of punishment based approaches in the punishment philosophy. This paper examines the Penal Code of the armed forces that could reveal the secret and evident aspects of the proportionality of crime and punishment inthis particular law

کلیدواژه ها:

Proportionality of crime ، punishment ، punishment oriented ، armed forces’ crime ، consequential punishments ، Iranian criminal law ، proportionality criteria