Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: It is desirable to apply only legal norms based on the administration of justice, but in special circumstances that originate from surroundings or personal circumstances, the administration of justice can lead to rigid and unconvincing consequences for individual and social conscience. In such cases, applying the rule of fairness, especially in the form of corrective fairness, can soften the administration of justice. Accordingly, the present study seeks to discuss the ethical justification for using the rule of fairness in criminal convictions.  

Materials and Methods: The present study is theoretical and the study method is descriptive-analytical. The method of conducting research is library, which is based on documentary and library sources to review the subject, focusing on legal and jurisprudential sources.   

Ethical Considerations: In carrying out the various stages of the present study, ethical and scientific principles, including citing scientific sources and fiduciary, have been observed.

Findings: In some criminal offenses, which also carry criminal convictions, although these punishments are considered fair by law, they may not be very acceptable in terms of public conscience or the intentions of the convicts. Understanding the circumstances of criminal acts, distinguishing between intentional or inadvertent criminal acts, paying attention to the public conscience in accepting or not accepting convictions, are among the cases that raise the principle of fairness as a support for the realization of justice.

Conclusion: The rule of justice seeks to reconcile criminal convictions with human and public conscience and to distinguish between crimes by understanding the circumstances and contexts of the crime. In addition, the results of fairness are the promotion of forgiveness, devotion and understanding between the litigants, the provision of conditions for participation between the prevailing party and losing party, as well as creating a flexible environment for a fairer judgment in criminal matters. Therefore, the central point of the rule of fairness in criminal convictions is to respect the rights of individuals, the public interest and to prevent the violation of individual rights.

Please cite this article as: Ahmadizadeh SHR, Mahmoudi Janki F, Sheidaeian M. Ethical Justification for Applying the Rule of Fairness in Criminal Convictions. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 175-184.