تحلیل اصل تناسب جرایم و مجازات ها در حقوق جزای ایران

فاطمه کریمی محسن آبادی

چکیده(به انگلیسی؛ چکیده‌ی فارسی در دسترس نیست)

if the precise implementation of the principle of proportion and:balance between the violation and the penalty as well as the other dimensions could be considered as a stick yard for the imptementation of justice any lack of preciseness in carrying out such principle would not indeed be much too far from injustice . naturally ,if it would be imagined that the objective of balance between the violation and the related penalty is to create a logical relation between the weakness or the extensive of the violations committed according to the extent of application of the intense or minor penalties we would be making very serious mistake . in other words, as the penalties must be applied in a way that considering the compatibility of the penalty would leave the most stable and durable effects on the violators mind and the least possible effect of pain on the body of the violator and if the violations in general, the penalties or any penal procedure and apptication would involve cducational and corrective aspects they would not have considerable effect in the duration of correction and enhancement of the behaviors of the violators .since they in the meantime deseribe this reality that the application of the penalty has not have rnough proportion with the committed violation and justice also had not been considered precisely as it should, therefore any discussion about preciseness of justice regarding the viotater would indeed be apposite and contrary to the real fact therefore, considering the fact that one3 of the major reasons of not attaining real successes of penal systems is urban societies in control of the viotations and in putting forth effocts fore restoration of public order , and lack of success thereof depehdent upon the finding of proper procedures compatible with the nature of such violations

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ولی الله انصاری، فاطمه سوهانیان