Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 429-442 |
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Maheri Kohan L, Golkhandan S, Rajabi A. Punishment of Self-Inflicted Crimes of Armed Forces in Iran and the United States of America. MLJ 2022; 16 :429-442
URL: http://ijmedicallaw.ir/article-1-1656-en.html
URL: http://ijmedicallaw.ir/article-1-1656-en.html
1- Department of Law, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran.
Abstract:
Background and Aim: Self-mutilation of the armed forces is criminalized in the two legal systems of Iran and the United States and self-mutilation is a crime in many cases in these two countries. While the principle of criminalizing self-mutilation of the armed forces is criticized, heavy punishments for self-mutilation of the armed forces have been considered in Iran's legal system.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: There are fundamental differences in looking at the proportionality category in the two criminal law systems of Iran and the United States of America regarding self-mutilation. The element of proportionality is the most important element because self-mutilation is not considered a crime in society and the same act in the armed forces can bring the most severe punishment, which is death and punishment, even in the United States of America, the punishment is ten years in prison and deprivation of all rights. And benefits and dismissal for ten years are considered a disproportionate punishment.
Conclusion: In comparison and due to the fact that in the United States of America, all dimensions of self-harm in the armed forces have been taken into account and a combined punishment that includes dismissal from work for a period of time, deprivation of rights and benefits for a period of time and finally imprisonment for a period of time, can be He said that the element of proportionality in determining the punishment is better observed in this country. Articles 83 and 134 of the Uniform Law of Military Justice 2016 have respected the proportionality in determining punishment by observing the minimum and maximum, Article 51 of the Armed Forces Crimes Punishment Law 1382 has also observed this proportionality, except in the case of combat.
Please cite this article as:
Maheri Kohan L, Golkhandan S, Rajabi A. Punishment of Self-Inflicted Crimes of Armed Forces in Iran and the United States of America. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e30.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: There are fundamental differences in looking at the proportionality category in the two criminal law systems of Iran and the United States of America regarding self-mutilation. The element of proportionality is the most important element because self-mutilation is not considered a crime in society and the same act in the armed forces can bring the most severe punishment, which is death and punishment, even in the United States of America, the punishment is ten years in prison and deprivation of all rights. And benefits and dismissal for ten years are considered a disproportionate punishment.
Conclusion: In comparison and due to the fact that in the United States of America, all dimensions of self-harm in the armed forces have been taken into account and a combined punishment that includes dismissal from work for a period of time, deprivation of rights and benefits for a period of time and finally imprisonment for a period of time, can be He said that the element of proportionality in determining the punishment is better observed in this country. Articles 83 and 134 of the Uniform Law of Military Justice 2016 have respected the proportionality in determining punishment by observing the minimum and maximum, Article 51 of the Armed Forces Crimes Punishment Law 1382 has also observed this proportionality, except in the case of combat.
Please cite this article as:
Maheri Kohan L, Golkhandan S, Rajabi A. Punishment of Self-Inflicted Crimes of Armed Forces in Iran and the United States of America. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e30.
Type of Study: Original Article |
Received: 2023/05/31 | Accepted: 2023/08/5
Received: 2023/05/31 | Accepted: 2023/08/5
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