Assessing compliance with the principle of proportionality in the punishment of the Afghan Penal Code with an emphasis on administrative corruption crimes

Document Type : Specialized scientific

Author

Islamic Azad University- Kabul Branch

10.22034/ls.2025.100598

Abstract

Targeted sentencing, meaning policy-making in selecting the type and amount of punishments, is based on predictable and regular logic, in which penal and criminological teachings play a fundamental role. Determining punishment proportionate to the crime and the offender's circumstances is a complex process that requires attention to various components. Observing the principle of proportionality between crime and punishment, especially the proportionality between the crime committed and the personality of the offender, is one of the major challenges in penal systems and requires precision in the sentencing process. In this study, how the principle of proportionality is observed in sentencing in the Afghan Penal Code, with an emphasis on administrative corruption crimes, has been evaluated. The results of the study show that the principle of proportionality in the Afghan Penal Code has not been observed in 15 articles, including 3 articles on general provisions and 12 articles on administrative corruption crimes. This study suggests that in reviewing and amending the Penal Code, in addition to paying attention to the research findings, the principle of proportionality should also be considered in other parts of the code.

Keywords

Files

Share

How to cite

Statistics