نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی حقوق جزا و جرم‌شناسی، گروه حقوق جزا و جرم‌شناسی، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران.
2 استادیار، گروه معارف، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران. (نویسنده مسؤول)
3 استادیار، گروه حقوق، دانشکده الهیات و معارف اسلامی، دانشگاه میبد، میبد، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Punishments are chosen by legislators to ensure the prospects of the criminal justice system. Also, judges seek to achieve their goals by determining punishments. The goals of the punishments are in line with the goals of the criminal justice system; It should be mentioned that one of these punishments is punishment based on the benefit of the person and society. Iran's legal system is accompanied by innovations in these measures in the Islamic Penal Code approved in 2013; Among other things were predicting the limitation of applying such punishments in taziri crimes, increasing its examples, increasing the powers of judges in applying the mentioned punishments, removing the element of intentionality of the crime and replacing it with non-intentional crimes. The most important achievement in this field includes social punishments for Hudud and Gqisas, which have different results, both positive and negative. But compared to the legal system of England and Wales, due to the fundamental changes in important criminal laws, various social punishments have been created to improve the functioning of punishments. The current research, which was compiled by descriptive-analytical method and library tools, With a detailed discussion on the subject of various types of punishments on the benefit of the individual and the society in the British penal system and a comparative study of the issue in the Iranian legal system, comparatively tries to introduce new punishments, familiarity with which will greatly help legal scholars in providing a suitable model for the use of the domestic legislator.
کلیدواژه‌ها [English]
)