نوع مقاله : علمی-تخصصی
نویسنده
دانشگاه آزاد اسلامی-واحد افغانستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Every punishment, for its own purposes is like a cause for an effect, and the rule is that an effect occurs if the cause is chosen correctly, otherwise, whatever is added to the severity and amount of the unrelated cause, on the achievement of intended will not have effect.
Therefore there is basically no relationship between the severity of the punishment and the achievement of the goal.
The purposeful penalization model means policy making in the field of punishment, both in terms of type and amount, based on a predictable and systematic logic, and penological and criminological scientific teachings play a prominent role in it.
This model is proposed in the direction of organizing punishments and moving away from stereotyped punishments, which has its own fundamentals, and its executive measures should be planned according to these fundamentals that one of them is "improving certainty over the severity of punishment".
This work has evaluated how to comply with the fundamental of preference of certainty over severity of punishment in the penal code of Afghanistan from the perspective of the mentioned model with emphasis on administrative corruption crimes and found that the fundamental of preference of certainty over severity of punishment in 14 discourses which includes 5 discourses of general sentences and 9 discourses of crimes and punishments (administrative corruption) has not been observed.
This work suggests that in amendment of the mentioned penal code, while observing the findings of this research, to observe the fundamental of preference of certainty over the severity of punishment in other parts of the penal code as well.
کلیدواژهها [English]
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