نوع مقاله : علمی-تخصصی
نویسندگان
1 دانشگاه آزاد اسلامی-واحد افغانستان
2 دانشگاه بین المللی المصطفی-واحد افغانستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most obvious types of complexity of sentencing is compliance with the process based on which the legislator can achieve the goals of punishment.
The purposeful Penalization model is trying to determine the territory of criminal intervention, provide the possibility of the existence of other tools and institutions of social control, and introduce its own bases and principles.
The bases of this model include the Uncollectibility of the goals of punishment with each others and the preference of certainty over the severity of punishment.
Combining the twin goals of punishment completely in one or more types of punishments is something that cannot be achieved in pragmatic context, that is, it is not possible to provide the four goals: Deterrence, Punishment, Therapeutic and Incapacitation with one or even several sentences at the same time, in the model of purposeful Penalization, the same non-fulfillment of the goals of the punishment is considered as the basis of the Uncollectibility of the goals of the punishment with each other.
In this work, how to comply with the basis of Uncollectibility of punishment objectives in the penal code of Afghanistan from the perspective of the mentioned model with emphasis on administrative corruption crimes is evaluated and it shows that the basis of Uncollectibility of punishment is in 13 discourses which include 1 discourses of general orders and 12 discourses of crimes and punishments (administrative corruption) have not been observed.
This work suggests that in amendment of the mentioned penal code, while observing the findings of this research, the uncollectibility of the goals of punishment should be observed in other parts of the penal code as well.
کلیدواژهها [English]
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