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:: Volume 8, Issue 25 (2-2021) ::
qjal 2021, 8(25): 255-273 Back to browse issues page
Principle of Proportionality of Crime and Punishment in the Domain of Administrative Offenses
Abstract:   (1694 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.
Keywords: principle of proportionality, crime and punishment, offense and punishment, administrative offenses, administrative punishments
     
Type of Study: Research | Subject: Special
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Principle of Proportionality of Crime and Punishment in the Domain of Administrative Offenses. qjal. 2021; 8 (25) :255-273
URL: http://qjal.smtc.ac.ir/article-1-780-en.html


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Volume 8, Issue 25 (2-2021) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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