One of the most important and acute issues in the sentencing process is the realization of the goals of the punishment.
Punishment, which has always been considered as the most challenging measure in the criminal policy of countries, requires careful adherence to certain principles in order to achieve specific goals.
Motkafel targeted punishment is a model that emphasizes that the legislator must determine his "main goal" of punishment in every crime before anything and choose its type according to that goal and avoid perfectionism to achieve multiple and conflicting goals. .
The element of moderation inspires that any inappropriate behavior should not be dealt with harshly, rather it suggests that the mildest alternative that fulfills the intended purpose should be chosen from among various alternatives.
The principle of moderation states that when criminalization is chosen as a last resort, it should be chosen from the type and extent of the mildest alternative that fulfills the desired goal.
In this work, which has been done using the analytical-descriptive research method as well as field research, how the principle of moderation in penalizing Afghanistan's penal code is observed from the perspective of the targeted punishment model with an emphasis on administrative corruption crimes has been evaluated and it shows that the principle Moderation is included in 14 discourses, including 5 discourses of general orders and 9 discourses of crimes and punishments (administrative corruption), it is not observed in the penal code.
This work suggests that in adjusting the mentioned fertilizer, while observing the findings of this research, the principle of moderation should be observed in other parts of the fertilizer as well.
Haqyar, M., Mohammadi, S. (2022). 4- Evaluation of compliance with the principle of moderation in sentencing
Criminal code of Afghanistan - with an emphasis on administrative corruption crimes. , 1401(16), 3-24. doi: ls/ls.2022.100095.1010
MLA
Mohammad Iqbal Haqyar; Sayed Baqir Mohammadi. "4- Evaluation of compliance with the principle of moderation in sentencing
Criminal code of Afghanistan - with an emphasis on administrative corruption crimes". , 1401, 16, 2022, 3-24. doi: ls/ls.2022.100095.1010
HARVARD
Haqyar, M., Mohammadi, S. (2022). '4- Evaluation of compliance with the principle of moderation in sentencing
Criminal code of Afghanistan - with an emphasis on administrative corruption crimes', , 1401(16), pp. 3-24. doi: ls/ls.2022.100095.1010
VANCOUVER
Haqyar, M., Mohammadi, S. 4- Evaluation of compliance with the principle of moderation in sentencing
Criminal code of Afghanistan - with an emphasis on administrative corruption crimes. , 2022; 1401(16): 3-24. doi: ls/ls.2022.100095.1010
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