Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Nov 2013)
Public Discourse of Conviction in Iranian Criminal law from the Perspective of Criminal Philosophy
Abstract
Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public disclosure of conviction has been analyzed from the criminal philosophy perspective. In general, the philosophy of criminal sanction can be divided into consequentialist and non-consequentialist philosophies. Consequentialist philosophy with the element of deep insight into the issue usually intends to acquire some utilities as a result of punishments while non-consequentialist philosophy usually wants to put the blame on the guilty. As the background of public disclosure of conviction is an old promulgating punishment, and has merely been modernized as a shaming method, this criminal sanction conforms with non-consequentialist philosophy more than consequentialist philosophy and would not rejoice in securing consequentialist philosophy. The above- mentioned fact can be regarded as an encouragement for the Iranian legislator to abandon or at least limit this sanction.
