Ethical and Legal Research on the Concept, Principles and Criteria of Proportionality of Crime and Punishment with a View to Criminal Law of Bioethics
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-10
https://doi.org/10.22037/bioeth.v11i36.33363
Abstract
Background and Aim: Bioethical criminal law refers to the set of rights that govern criminal law, which is based on the central principles of bioethics. One of the categories that should be based on the principles of bioethics in criminal law is the proportionality of crime and punishment, which this study is very important in this regard. the main purpose of this article is to introduce the principles and criteria of proportionality in bioethical criminal law.
Materials and Methods: This descriptive-analytical study first considers two important principles of bioethics as the basic principles of research and examines its relationship with the category of proportionality, then analyzes the concept and basis of the category of proportionality of crime and punishment and in the last speech the criteria Proportion is examined in criminal matters.
Ethical Considerations: In order to organize this research, criteria related to research ethics and fiduciary in research references have been observed.
Findings: Prohibition of disproportionate punishments is one of the most important issues in criminal law, which is now called the principle of proportionality of crime and punishment. Criminal protection of morality has always been the focus of moral philosophers, but this study deals with the protection of morality and its components from the category of punishment. Prohibition of disproportionate punishments that have moral and legal roots must be analyzed morally and legally in order to emerge modern punishment.
Conclusion: This study, examines the moral and legal prohibition of disproportionate punishments in criminal law with emphasis on the two moral components of justice and human dignity. Results show that in accordance with the moral principles of human dignity and the implementation of criminal justice and based on legislative foundations, punishment must be commensurate with the crime committed and the need to observe the principle of proportionality in criminal law on legal and moral grounds in both the legislative and criminal stages is obvious and necessary. The principle of respect for persons and non-harm as important principles of bioethics, by establishing the proportion of crime and punishment, forms the criminal law of ethics, which is the creator of a just and wise criminal policy.
Cite this article as: Ghazian M, Mirkamali AR, Rajabi A. Ethical and Legal Research on the Concept, Principles and Criteria of Proportionality of Crime and Punishment with a View to Criminal Law of Bioethics. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e13.
- Proportionality of Crime and Punishment; Human Dignity; Criminal Law; Bioethics; Principle of Respect for Persons; Principle of Non-Harm
How to Cite
References
Keyniya M. Fundamentals of Criminology. Tehran: Tehran University Press; 2017. Vol.2. [Persian]
Shamloo B. The principle of criminal innocence in modern judicial systems in the collection of criminal science articles. Tehran: Samt Publications; 2011. [Persian]
Schaller B. Understanding of Bioethics and the Law. Texas: Library of Congress Cataloging-in Publication Data; 2008.
Saed M. Ensuring the principle of respect for individuals from the perspective of bioethics criminal law, in the collection of articles of the Encyclopedia of Criminal Sciences. Tehran: Mizan Publications; 2018. [Persian]
Foley E. Liberty for All, Reclaiming Individual Privacy in New Era of Public Morality. New Haven: Yale University Press; 2006.
Qari Seyed Fatemi M. Human Rights in the Contemporary World. Tehran: Shahid Beheshti University Press; 2003. [Persian]
Kant I. The Metaphysics of Morals. Cambridge: Cambridge University Press; 1991.
Beyleveled D. Human dignity in Bioethics law and Biolaw. Oxford: Oxford University Press; 2001.
Rahiminejad E. Criminology. Tabriz: Forozesh Publication; 2017. [Persian]
Rahbar Pour MR. The Concept of Biological Ethics and Its Territory. Bioethics Journal. 2011; 1(1): 13-48. [Persian]
Abbasi M, Akrami F. From Transgenic Organisms towards Transhumanism: Necessity of Ethical Assesment and Legislation. Bioethics Journal. 2018; 8(30): 7-8. [Persian]
Akrami F, Karimi A, Abbasi M, Shahrivari A. Adapting the principles of biomedical ethics to Islamic principles and values in the context of public health policy. Journal for the Study of Religions and Ideologies. 2018; 17(49): 46-59. [Persian]
Mohammadi A. Rules of Jurisprudence. 13th ed. Tehran: Mizan Publishing; 2014. [Persian]
Makarem Shirazi N. Al-Qawa'd al-Fiqhiyyah. Qom: Imam Ali Ibn Abi Talib School Publishing; 1411 AH.
Hajivand A, Mirkamali A. Jurisprudence, Legal and Criminology Foundations of Differential Proceeding of Green Crimes. Legal Search Journal. 2018; 2(4): 143-174. [Persian]
Elsan M. Principles of Bioethics. Law Research Journal. 2007; 10(45): 55-75. [Persian]
Sadati M. Punishment and Social Control. Tehran: Mizan Publication; 2019. [Persian]
Rahmdel M. Proportionality of crime and punishment. Tehran: Samat Publications; 2017. [Persian]
Husak D. Over criminalization. Oxford: Oxford University Press; 2008.
Hajivand A, Mirkamali A, Safari F. Government Criminal responsibility for environmental crimes in Iran, Necessities and Challenges. Environmental Sciences. 2018; 16(2): 65-82. [Persian]
Dehkhoda AA. Dehkhoda Dictionary. Tehran: University of Tehran Press; 2017. Vol.14. [Persian]
Khansari M. Formal Logic. Tehran: Agah Publications; 2005. [Persian]
Rahmdel M. Proportionality of crime and punishment. Tehran: Samat Publications; 2017. [Persian]
Holloway G. Modern Doctrinal Punishment. Translated by Shojaei A. Tehran: Dadgostar Publications; 2014.
Razavifard B. International Criminal Law. Tehran: Mizan Publications; 2015. [Persian]
- Abstract Viewed: 400 times
- PDF (فارسی) Downloaded: 175 times