Pathology of the principle of certainty and certainty in the criminal proceedings
Subject Areas : Criminal jurisprudenceSasan Moein 1 , Rashid Ghadiri Bahramabadi 2 , karim salehi 3
1 - PhD student in Criminal Law and Criminology, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2 - Assistant Professor, Department of Law, Shahrekord University, Shahrekord, Iran.
3 - Professor of Islamic Azad University
Keywords: The principle of certainty, the principle of certainty, punishment, pathology, criminal proceedings,
Abstract :
The aim of the present research was to analyze the principle of certainty and certainty of punishment in the criminal investigation stage. The main question of the research is, in the stage of criminal investigation, what are the damages against the principle of certainty and certainty of punishment? The hypothesis of this research is that at the stage of criminal investigation, the legislator has violated this principle by providing institutions. The principle of certainty and certainty of punishment, which is one of Caesar Bekaria's ideas in the book Treatise on Crimes and Punishments. It has an acceptable place in the success of criminal laws and the deterrence of criminals. Certainty and certainty of punishments means that people and especially criminals have a definite belief that anyone who commits a crime will be punished without doubt and definitely through a definite and inviolable sentence. The certainty of even a moderate punishment always has a stronger effect than It leaves the fear of a terrible punishment in which there is hope of liberation; Because when it is impossible to escape from punishment, the mildest sufferings make the human soul wild, the milder the punishments, the less the need for mercy and forgiveness is felt. However, in the Islamic Penal Law approved in 2012, the legislator introduced various institutions into Iran's criminal justice system with the help of modern criminological teachings. However, considering the position of the principle of certainty and certainty, in Iran's criminal justice system, especially in the trial stage, the legislator has violated this principle by providing institutions such as conditional release, suspension and alternative punishments of imprisonment.
