A Study on the Feasibility of the Individualization of the Accessory punishments

Abstract

According to the article 25 of the Iranian Criminal Code which was ratified in 2013, the only criterion for determining of the accessory punishments has been encapsulated within the principle punishments of the committed crime. Regarding this fact that the individualization of punishments as a necessity in the criminal justice system, according to the absence of any Sharia obstacle, the fairness of engaging criminological and personal characteristics of the criminal in sentencing, considering the resocialization of the delinquent and the possibility of personality folder usage, it would be possible to use the abovementioned principle in the field of accessory punishments. Through an analytical-critical method, the current research aims at challenging the rules governing on this kind of punishments and has come to this end that within the Iranian law-making system, in most cases, the accessory punishments have not been prescribed in appropriate and practical scopes and reversely, they have been inflexibly predicted in cases which are not necessarily proportionate.

Keywords

• accessory punishment
• civil disability
• rehabilitation
• principle of punishment individualization