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Principle of Proportionality of Crime and Punishment in the Domain of Administrative Offenses
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Abstract: (2705 Views) |
| According to the principle of the proportionality of the crime and punishment, as one of the principles governing the imposition of penalties in criminal law and extending it to the field of administrative offenses, Administrative offenses Trial boards must respect the proportion between offense and punishment for offending employees. The proportionality between offense and punishment requires classifying administrative offenses and, given severe punishment According to the severity of their harmful consequences, otherwise, the light punishment for each offense, but in Articles 8 and 9 of the Administrative offenses Trial Law the types of administrative offenses and penalties are counted without giving them a classification and without determining the appropriate penalties for each offense, and this defect can lead to incorrect and unjustly exercising the powers of the boards in determining the minimum and Maximum penalties and consequently lead to non-compliance with the principle of proportionality. Article 21 of the Executive Code of the Administrative OffensesTrial law does not remedy the defect of the law as well and because not provide a classification of administrative offenses and not imposing appropriate penalties for any offense. In this letter, while expressing the necessity of concluding the principle of proportionality of the offense And penalt for administrative offenses, the status and defects of the Administrative offenses Trial Law , and related regulations respecting the principle of proportionality the way to establish a proportion between offenses and penalties, and corrective remedies in this regard are discussed. |
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| Keywords: principle of proportionality, crime and punishment, offense and punishment, administrative offenses, administrative punishments |
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Type of Study: Research |
Subject:
Special
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