The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The Effects, Results and Defects of the Grading of Punitive Punishments

Document Type : p

Authors
1 PHD student of criminal law and criminology, Islamic Azad University, Shahrekord branch
2 um
3 Assistant Professor of Shahrekord Islamic Azad University
Abstract
Grading and phasing in criminal law as one of the topics of the day is influenced by fuzzy logic. Criminal law has concepts with graduated meanings that cannot be considered absolute for a more accurate understanding; Rather, the fuzzy attitude hastened with the help of these concepts so that they are placed in their real place and ultimately make decisions and judgments effective. Among the results of such thinking is the classification of crimes and punishments, which should have a specific pattern based on severity and nature. This pattern appeared for the first time in the classification of punitive punishments in Article 19 of the Islamic Penal Code of 1392.  Keeping this article in mind, the current research seeks to answer several questions, such as what is the effect of the grading of punitive punishment in Article 19, taking into account fuzzy management, in cases such as decision-making and judgment?  Works and results Also, what are the flaws in this grading?  And how can the solutions to the problems be achieved? The present research is descriptive and analytical method, with the aim of examining the grading of punishments, following the examination of defects such as comprehensiveness and lack of hindrance, imbalance in terms of severity, and such cases.  Also, in addition to examining the strengths of the gradation of penal punishment in the approved law of 1392 compared to 1357, it seeks to examine and analyze the existing defects and also provide a solution to eliminate the defects.
 In line with the review of the above cases, we can come to the conclusion that the regularity of the legislative criminal policy in predicting the amount of punishment, the regularity of criminal responsibility according to the role of the perpetrator, the regularity of multiplicity and repetition in the intensification of punishments, the regulation of mitigating punishments, etc., among other positive effects and results which has resulted in the grading of punitive punishments.  On the other hand, the grading of Ta'ziri punishments in Q.M.A.  1392 is not immune from defects and has defects..
Keywords

  • Smith, S., O. Michael & E. Gregg (1999), Fuzzy Set Theory and Application in Psychology, Kluwer Academic Publisher.
  • Zetenyi, T. (1988), Fuzzy Sets in Psychology, Amsterdom, North Holland
  • Kushwaha, G., & S. S.Kumar (2009), “Role of the Fuzzy System in Psychology Research”, Europe`s Journal of Psychology, NO.2.
  • Bujadziv, M. (2011), “Fuzzy logic and its applications in technology and management”, Europe`s Journal of Psychology, NO.29.
  • Dmitriev, Vladimir Karpovich,understanding uncertainty in Fuzzzy Logic (2003), NO.35.

 

  • Receive Date 15 May 2023
  • Revise Date 31 May 2024
  • Accept Date 26 August 2024