نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 عضو هیئت علمی و استادیار دانشکده حقوق و علوم سیاسی گروه حقوق جزا و جرم شناسی دانشگاه آزاد اسلامی واحد کرج.
2 فارغ التحصیل رشته جزا و جرم شناسی از دانشگاه آزاد واحد کرج
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Impunity means the evasion of punishment or legislative by a judicial authority and the segregation between legal and judicial punishment and criminal justice policy in its modern sense which refers to how the structure of the courts is organized and the systematic use of judiciary. Therefore, one of the cases that requires standardization of the governing structure of the courts through the adoption of a single and coherent judicial criminal policy, is the provision of measures that minimize the interference of judicial considerations in the punishment system and cause judges to comply with the governing requirements that provides both in terms of the type and amount of punishment, and discourages the courts from limits & boundaries & the legislature has determined at the legislation stage. But the question that arises is that what does the entrance of interpretations and judicial policy of judges and their use of ex gratia facilities have to do with impunity and the denial of the functions of punishment? In the present article, the authors try to use a descriptive and analytical method of resources and judicial structure in the first place to influence the factors affecting the method of impunity in the courts and then the facilities provided in the Islamic Penal Code in terms of their role in impunity of the courts & propose solutions to prevent it. According to the findings of the present study, there is a close relationship between these cases such as expediency and judicial interpretations in judicial impunity and the lack of justice and public security, and causes a kind of incidental justice, formalization of punishment and separation from the purposes of punishment.
کلیدواژه‌ها [English]
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