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Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2007-WINTER 2008 , Volume - , Number 2; Page(s) 145 To 178.
 
Paper: 

ANALISIS OF LASH PUNISHMENT LIGHT OR CRIMINAL DOCTORINS

 
 
Author(s):  NAJAFI TAVANA ALI, MILAKI AYOOB
 
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Abstract: 

Imposing lash punishment on offenders as a degrading-physical reaction has a long application in human communities. this thesis while providing a historical analysis of his punishment and relevant criminal concepts tries to evaluate it penologicaly in irans criminal system. thus the main focus of this study will be on personal and social advantages and disadvantages resulting [rom imposing this punishment accompanied by quality of its execution in irans criminal law.
In Ihis way some question arise that present study tries to find appropriate response for them. those questions respectively are. dues imposing this punishment leads to offenders reform and correctionjto how extent this punishment in achieving a general and particular defference purpose has been successful? does this punishment make neutral criminal impulsive motives which are continuously under change and transformation? dues it in line with human rights documents and criteria? in enacting this punishment 10 how extents irans criminal legislator has had attention to penology, sociological and criminological rules and principles?
Based on this questions we will lace with 10 different approaches about this punishment: one which agrees with it and belie res that it has a detterent and reformative role. the other which opposes 10 it and denies this presumed role.
Our evaluation shows that first this punishment is not able to make itself congruent with modern criminal procedures. second although it is not possible to denv completely this role detterent role of this punishment is greatly under question. third there is no direct relationship between enatting this punishment and criminal impulsive motives fourth executing this punishment is in obvious conflicts with human rights documents and human itarian criteria. fifth irans criminal legislator in enacting this punishment has no attention to observance of scientific rules and priciples. sixth public executing of this punishment is greatly under question.

 
Keyword(s): LASH, PUNISHMENT, HUMAN, REFORM, DETTERENT, PENOLOGY, CRIMINOLOGY
 
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