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Research Article

JCR. 2020; 7(8): 2772-2786


The DeterrentEffect of Death Penalty on the Behavior of the Potential Perpetrators of Death-Deserving Crimes in Iranian Criminal Justice System

Mehdi Saboori Pour, Seyed Alireza Mirkamali.

Abstract
Amongst the most important issues with which Iran’s criminal justice system is faced is
finding a solution by which the narcotics’ problem can be controlled and managed. To do
so, the legislator has tested various strategies the last example of which is appending an
article to the law on fighting narcotics in 2017; by the force of this appended article, the
crimes deserving death are reduced and long incarcerations and financial punishments
including pecuniary penalties and confiscation have been predicted. The present study
shows that replacement of incarceration for death penalty does not damage the deterrence
of the punishments considering the non-enforcement of a great many of the death verdicts
at the time of the governance of the former law provided that the incarcerations predicted
in appended article 45 are actually put into practice and their deterring effects are not
diminished by instruments flawing the certainty of the punishments. However, in regard
of the pecuniary punishments, the amounts specified in the law are a lot lower than being
capable of properly deterring the narcotics-related crimes because the panorama of these
crimes’ financial interests goes well beyond the sums predicted in pecuniary punishments
for the perpetrators. In this regard, the aforesaid punishment lacks the required
deterrence.

Key words: the law on fight against narcotics, death penalty, long-term imprisonment, cash pecuniary, deterrence



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