Challenges of the foundations of the philosophy of punishment in life imprisonment

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Aim

Life imprisonment is one of the most severe corporal punishments which is contrary to the feeling of altruism and the spirit of civilization that respects life for all human beings and on the other hand does not guarantee benefits for the individual and society because by eliminating the perpetrator of special intimidation. Intimidation has been ruled out and general intimidation will not be achieved due to the fact that this punishment may not be commensurate with the guilt of the perpetrator, and as a result the basic purpose of the punishment, which is correction and rehabilitation today, will not be achieved. Today, most countries have abolished the death penalty in accordance with the teachings of criminology.

Methodology

The present research has been done by descriptive and analytical methods.

Findings and Results

Due to the challenges of life imprisonment, alternative punishments should be used in the implementation of this punishment. Regarding retaliatory punishments such as retribution, it is suggested that a distinction should be made. In other words, in premeditated murder according to the decision, the punishment is commensurate with the same retribution, but in the case of unspecified murders, suspicion can be cast. Especially cases where the perpetrator did not intend to kill and the work was typically deadly. In the case of life imprisonment of the hadd type, we should believe that the death penalty should not be determined and it is suggested that the sentence of long-term imprisonment be used.

Language:
Persian
Published:
Pages:
47 to 67
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