Investigation of the Principle of Proportion of Punishment and Effective Substitutes to the Prescribed Punishments in Drug Crimes
Subject Areas :Fatemeh Lavimi 1 , Isa Baninaeimeh 2 , Amir Alboali 3
1 - 1. PhD student, Department of Criminal Law and Criminology, Khuzestan Science and Research Campus, Islamic Azad University, Ahvaz, Iran. / 2. PhD student, Department of Criminal Law and Criminology, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
2 - Assistant Professor, Department of Law, Abadan Branch, Islamic Azad University, Abadan, Iran.
3 - Assistant Professor, Department of Law, Abadan Branch, Islamic Azad University, Abadan, Iran.
Keywords: drug crimes, substitutes of punishments of drug crimes, principle of proportion of punishment.,
Abstract :
The principle of proportion of punishment is one of the fundamental principles of criminal law, comprising the determination of punishments which are consistent with the social damage resulted from the crime. The application of this principle in the legislation stage of drug crimes with attention to importance of these crimes and their complexity, requires the precision and sensibility of legislator. In this manner, it reduces the injustice in determination and execution of punishment with considering the effective components in application of principle of proportion and the expected goals of punishment will be more accessible such as deterrence. The behavior of the perpetrator and the type of committed crime, the role of the accused and the manner of his intervention in the crime and even the gravity and severity of the committed crime are the most important components that are effective in application of principle of proportion of punishment in these crimes. However, in the Anti-Narcotics Law, the legislator has only emphasized on the proportion between the quantity of drugs and the amount of punishment and has ignored the other components. Considering the importance of the phenomena of addiction and the lack of attention of the laws to the social roots of addiction and the causes of people turning to drugs has been policy-made only with the approach of fighting drug supply and eradicating addiction, which although does not have the necessary deterrent and prevention effect; Therefore, providing a model that considers all aspects and factors of people committing drug crimes, can be a suitable substitute for the predicted punishments in the laws, which involves an appropriate preventive and deterrent effect.