Document Type : Original Article

Authors

• mohammadreza abdian ¹
• gholamhossein elham ²

¹ faculty of law university of tehran

² faculty of law in imam sadeq university

Abstract

Determining the criminal reaction to the crime is the most important stages of the criminal procedure. In such a way that the improper performance of the criminal justice system at this stage not only causes waste of money, but also provides the basis for public distrust towards the legitimacy of the judicial system and fails the judicial system in achieving its goals. Considering the wide scope of Ta'ziri compared to other punishments, paying attention to the regulation finds a special place. Criminal regulation is the movement from mere punitive responses in response to crimes, to regulating the problem in each case; In such a way the type of punishment depends on the type of crime, the character of the criminal and his readiness to accept his guilt and responsibility for damages caused by his crime, the presence or absence of the victim and attention to his requests if any, the amount of damage that occurs as a result The crime has entered the public order and other characteristics related to the criminal phenomenon can be changed. The history of punishment in Iran's procedure indicates that due to the lack of use of the concept of regulate In the creation of limitations for the judge in this regard, there is no specific model regarding the process of determining the appropriate punishment. the evaluation criteria are not detailed. In this study, while analyzing the concept of regulation, the feasibility of its application with Sharia principles such as the rule of al-Tazir with the guidance of al-Hakim, the rule of permission in the object, etc., in order to implement it in the criminal system and finally predict the independent center of punishment regulation

Keywords

• regulatory
• tazir
• Proportionality
• penal punishment
• jurisprudence