A Comparative Study of the Rule of»Tazir at the Discretion of the Judge«and its Application in Intelligence Activities

A Comparative Study of the Rule of »Tazir at the Discretion of the Judge« and its Application in Intelligence Activities
Because the Hudud crimes are limited, their punishment is precisely determined, but since the Tazir punishments, are limitless, their punishment is inaccurately determined in a general framework and delegating to the judge by legislature preserving some conditions. This paper attemptes to provide solutions - often known as personality file - in order that the criminal justice to be implemented as is possible in the proving stages, and on the other hand, Tazirat - which are based on uncertainty - does not join to Hudud - which are based on certainty. Including those guidelines are as follows: attention to the philosophy of Tazirat, criminal character, paying attention to the custom and traditions and requirements of time and place, considering people’s social dignity, observe the mitigating factors in determining the type of punishment in prison and other factors which assist us to achive the mentioned goals.