The Role of Cost of Crime Estimation in Penalization of “Ta’zirat”; A Descriptive and Normative Analysis

Costs of crime generally comprise the cost of crime commitment and of its prevention. The present article attempts to investigate the relationship between estimation of costs of crime, punishment theories and penalization in “Ta’zirat”. The rationale behind “Ta’zirat” and the specification of the severity of punishment within the unlimited authority of the legislator, is among the unanswered questions in the criminal justice system of Iran. Penalization in “Ta’zirat” may not be necessarily interpreted as taking a retributivist or consequentialist approach. Such determination is contingent upon the acceptability of criteria under the criminal policies of the state. However, in adopting either approach (retributivism or utilitarian considerations of criminal policy makers), the important concept of crime cost may serve as an effective tool in formulating a more complete criminal response and brings the criminal justice system closer to its desired goals (desert, proportionality and social benefit). The relevance of the costs of crime as a precondition for penalization and its conjunction with “Ta’zirat” is further investigated in the present article.