نوع مقاله : علمی - پژوهشی
نویسندگان
1 عضو هیئت علمی دانشکده حقوق و علوم سیاسی
2 دانشجوی دکترای دانشکده حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Judicial sentencing is one of the most important steps in the criminal process.The variety of factors, individuals, institutions and the sentencer’s wide-ranging latitude make it necessary to structure the domain of judicial sentencing. Sentencing guidelines are one of the strategies for structuring this process within the framework of the determinate sentencing model. Sentencing guidelines are the criteria that are applied in order to create rational sentencing procedures, as well as to make the judicial discretion consistent and structured. Depending on the audience, the obligatory force, and the sentencer’s range of latitude, these guidelines are divided into parole, voluntary, and mandatory sentencing guidelines.Furthermore, we can distinguish between grid-based guidelines and non-grid based ones, depending on the adopted sentencing methods. In recent years, as a result of the widespread use of the guidelines in different systems, we are faced with the independent guideline-based sentencing model. Researches point to an increase in consistency, coherence, and predictability in guideline-based sentencing.The sentencing system in the domain of Ta’ziarat conforms with a determinate model.Nevertheless, the sentencing is faced with various challenges due to the application of indeterminate sentencing institutes and the wide-ranging latitude of the judges, and the lack of a legal mechanism and structure-giving framework bring about unpredictability and scattering sentences.This paper will study different sentencing guidelines and, by showing both the necessity of structuring the sentencing process in the domain of Ta’zirat and the legal and structural lacuna in this domain, proposes the application and implementation of some sentencing guidelines with a narrative structure.
کلیدواژهها [English]