Approaches, Criteria and Challenges of Adjusting Fine in the Iranian Criminal System

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Soudmandi Abdolmajid; Farnam Hakime

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Journal Paper

Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2021 | Volume:12 | Issue:2 Page(s): 209-236

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Information Journal Paper

Title

Approaches, Criteria and Challenges of Adjusting Fine in the Iranian Criminal System

Author(s)

Soudmandi Abdolmajid | Farnam Hakime | Issue Writer Certificate

Keywords

Fixed Fine

Relative Fine

Fine Adjustment

Inflation Rate

Price Index of Consumer Goods and Services

Cabinet

Abstract

Despite long history of fixed fine in Iran, this punishment is not an appropriate one due to the impact of inflation on it; especially, Because, according to the legality of punishment, adjustment of fine must be done by legislature and legislation is a lengthy process. Accordingly, many fines remained unchanged for years and their deterrence was disappeared. Fortunately, Finally the legislature by "predicting the criteria for adjustment in law", was, while observing the above principle, able to secure the Guardian Council's opinion about principle 85 of the Constitution in assignment of adjustment to non-legislative institutions. In this Article, by extracting the legislature approaches about adjustment, the criteria and challenges of these approaches were studied and it was observed that prediction of adjustment by non-legislative institutions, because of ambiguities and contradictions of these acts and optional nature of adjustment by non-legislative institutions, could not solve the problem of adjustment by legislation.

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