Ray (Judicial Case Review)

Ray (Judicial Case Review)

Methods of proof and supplementary punishment in the crime of uncovering hijab in public

Author
دانشگاه آزاد اسلامی
10.22106/jcr.2024.2007110.1451
Abstract
Today, in the light of modern ideas of criminal law and criminology, court judges are allowed to take specific preventive measures against the perpetrator in the event that general preventive measures are ineffective and commit a crime in order to eliminate the grounds for committing a crime again. . For example, regarding driving without a license for teenagers, it is recommended to read some educational articles about the dangers of driving without a license and familiarizing yourself with possible accidents. The most important goals of punishments are to reform the perpetrator and prevent the repetition of the crime. Complementary punishments are specified in the law and the condition of its proportionality with the crime committed and the personality of the perpetrator is very important and is emphasized by the legislator. Also, judges should deal with the accused in the framework of the law throughout the proceedings.In the present case, according to the analysis and criticism of the verdict, it seems that firstly, the court's citations in convicting the perpetrator are flawed, and secondly, the supplementary punishment is issued without any proportion to the crime and the perpetrator, and is incomplete in his citizenship and fundamental rights. Also, no attention has been paid to the philosophy of punishments and the teachings of criminology, prevention and correction of the perpetrator
Keywords
Subjects

Volume 12, Issue 45
Winter 2023
Pages 119-131

  • Receive Date 18 July 2023
  • Revise Date 17 August 2023
  • Accept Date 14 February 2024