The Differential Criminal Policy of Increasing and Mitigating Punishments in the Armed Forces Law (Comparative Study of the Islamic Republic of Iran and the United States of America)

Background and The importance and necessity of analyzing the differential criminal policy against the crimes of the armed forces has an undeniable effect in preventing the occurrence of crimes. It is impossible to ignore the adoption of a discriminatory and effective criminal policy regarding some crimes, including military crimes, which have a sensitive nature, and the slightest tolerance against them leads to the destruction of the order and security of the society. The necessity of revision is generally related to the adopted policies and the way of their implementation. Therefore, it seems necessary to examine the criminal policy governing the two countries regarding the substantive crimes of the armed forces, to find out the decisions made in this area and, if possible, to revise the laws of the Iranian armed forces. The present research was carried out with a descriptive-analytical method. In both the criminal systems of the Islamic Republic of Iran and the United States of America, the legislator has mentioned the issue of increasing punishment and reducing punishment in the armed forces. The results of the research indicate that in the criminal system of the Islamic Republic of Iran, the reduction of punishment is possible according to the opinion of the court issuing the sentence, but in the law of the United States of America, in addition to the court issuing the sentence, it is also possible according to the opinion of the military commanders. In the criminal system of the armed forces of the Islamic Republic of Iran, in the cases of silence of the Law on the Punishment of Crimes of the Armed Forces approved in 2003, the aggravating qualities stipulated in the Islamic Penal Law approved in 2013 are applied to military personnel, but in the criminal system of the United States of America, the punishment is intensified according to the law of the armed forces. It takes place in the United States of America.