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The Role of Ethics in Determining Punishment Severity
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Ali Nezar Hamoudi1   , Reza Nikkhah Saranghi *2 , Siamak Jafarzadeh3 |
1- Ph.D. Student, Department of Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Iran
2- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Iran , nikkhahsaranghir@gmail.com
3- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Iran |
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Abstract: (25 Views) |
Background: The occurrence of behaviors contrary to public morality and decency in every society is a certain and undeniable fact. What is important in this regard is the type of reaction adopted by the government towards the aforementioned behaviors. The strategy chosen by some societies indicates their criminalization within the framework of criminal law. Determining punishment and adopting criminal laws are accompanied by various methods and approaches, and given the prominent role of ethics in socialistic and human-centered criminal laws, the role of ethical principles in determining punishment is important. Therefore, the present study was formed with the aim of investigating the role of ethics in determining the severity of punishment.
Conclusion: Applying ethical principles based on attention to approaches to release from prison, rehabilitation and correction of criminals, alternative methods of punishment, as well as defending security and educational methods, provides significant assistance to criminals, the family institution, and individuals who are in various ways related to criminals and delinquents. The Islamic Penal Code has also considered an ethical approach based on de-prisonment and assistance to criminals and delinquents in unintentional crimes. Therefore, moving away from the traditional justice approach and moving towards humane and ethical models, helping unintentional criminals and minor crimes, promoting new alternative methods of punishment, and also paying attention to people's participation in organizing judicial affairs are manifestations of the intervention of ethics in determining punishment and criminal laws that require more attention today.
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| Keywords: Ethics, Correction and Treatment, Rehabilitation, Criminalization, Punishment |
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Full-Text [PDF 670 kb]
(37 Downloads)
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Type of Study: Review Article |
Subject:
Special
Received: 2025/07/26 | Accepted: 2025/09/29 | Published: 2026/09/1 | ePublished: 2026/09/1
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