نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجو دوره دکتری حقوق کیفری و جرم شناسی، دانشکده حقوق، دانشکدگان فارابی دانشگاه تهران، قم، ایران.
2 دانشگاه تهران
3 تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Sentencing in military criminal law is a stage where, after a crime has been determined, the military court must balance the need to maintain order, obedience, combat readiness, and organizational security with the fundamental principles of criminal justice. The importance of this issue is that a military crime, in addition to violating a criminal rule, can affect the chain of command, organizational trust, defense secrets, and the effectiveness of the armed forces. Therefore, in determining the type and amount of punishment, the military judge evaluates the severity of the criminal behavior, the service status of the perpetrator, the circumstances of the crime, the degree of disruption to the mission, and the possibility of his reformatioThis article, based on the theoretical foundations of sentencing in Iranian criminal law, examines the issue in the realm of military criminal law. The main question is what features does the Iranian legal system foresee for sentencing military crimes and to what extent do these features create a balance between the requirements of discipline and the principle of proportionality between the crime and the crime. Research findings show that the governing laws have provided the court with tools such as grading sanctions, mitigation, suspension, and alternatives to imprisonment. However, the lack of expertise and legal activities provide different contexts in the opinions of the criteria. The result is that quality should be based on legality, proportionality, attention to responsible military actions, and individualization based on the laws.
کلیدواژهها [English]
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