پژوهشنامه حقوق اسلامی (Oct 2020)
Investigating the ineffectiveness of Iran's heavy penalties in the fight against drugs
Abstract
One of the most important issues in the national and international arena in recent decades, especially in the present era, is the issue of the drug phenomenon and its harmful effects on human societies. All societies and most governments agree that drugs and crime As a result, it poses a serious threat to the human race. However, you have to think of a solution to this sinister phenomenon. The solutions that have been implemented in recent years have been based on a kind of criminal strictness in punishments. Thus, the main policy of the deterrence view is to threaten or enforce criminal penalties to reduce the motive for the crime; That is, the use of punishment as a deterrent that prevents the offender from repeating the crime and also reduces the motivation of others to commit the same crime in general. In Iran's anti-narcotics criminal law, too, a strict approach has always been taken towards drug offenders and with severe punishments of deprivation of liberty and deprivation of life. However, in recent years, a fundamental question has been raised in this regard, whether the imposition of severe punishments such as execution and life imprisonment, etc., has had the effect of deterring the commission of drug-related crimes? In the present article, which has been done in a descriptive-analytical method, using library resources and texts, with the aim of explaining and explaining the deterrence of severe punishments related to drug crimes, and in this regard, different dimensions of the issue in terms of field, statistics, policy The criminological and sociological studies have concluded that the intensification of punishment does not play a significant role in crime prevention and that recognizing the causes of crime and adopting preventive and corrective approaches is more necessary and effective than necessary. In this article, in addition to brief references to the purposes of punishment, deterrence as one of the most famous and oldest theories of justification of punishment and its types, the subject of this type of application is severely restrained. Punishments do not in principle have the effect of deterring drug-related crimes, and it is better for the legislature to pay more attention to non-criminal methods of prevention.
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