The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws

Heidari, Elham

doi:10.22091/csiw.2023.8115.2264

Document Type : Academicm and Research

Author

Elham Heidari

Assistant Professor, Department of Law, Faculty of Literature and Humanities, Shahrekord University.

https://doi.org/10.22091/csiw.2023.8115.2264

Abstract

The principle of proportionality in criminal law is considered one of the fundamental principles, which entails determining punishments that correspond to the social harm caused by the crime. In the case of drug offenses, the application of this principle during the legislative stage requires careful consideration and subtlety on the part of the Legislature due to the complexity of such offenses. By taking into account the effective factors in the application of the principle of proportionality, unjustness in the determination and implementation of punishments can be minimized, and the expected goals of punishment, such as deterrence, can be better achieved. The behavior of the offender, the nature of the committed crime, the role of the accused, their involvement in the crime, and the severity and gravity of the offense are among the most influential factors in the application of the principle of proportionality in drug offenses. However, the Legislature in the Anti-Drug Law has solely emphasized the proportionality between the quantity of drugs and the level of punishment, disregarding other essential factors.

Keywords

Main Subjects

Legal (Comparative Islamic and Western Law)

References

Corda, A. (2011). Imprisonment for Drug-Related Offenses in Argentina. In Transnational Institute & Washington Office on Latin America.

Fleetwood, J. (2011). Penalties and Practice in the International Cocaine Trade. British Journal of Criminology, 51.

Foulds, A. J., & Nutt, D. (2020). Principled Sentencing for Drug Supply Offences: Revised Methamphetamine Sentencing Guidelines in New Zealand. Drug Science Policy and Law, 6.

Grover, A. (2010). Annual Thematic Report of the Special Rapporteur on the Right to Health.

Lai, G. (2012). Drugs, Crime and Punishment: Proportionality of Sentencing for Drug Offences. Series on Legislative Reform of Drug Policies, No. 2.

Stevens, A. (2019). Depenalization, Diversion and Decriminalization: A Realist Review and Program Theory of Alternatives to Criminalization for Simple Drug Possession. European Journal of Criminology.

Committee on Economic, Social and Economic Rights. (2000). General Comment No. 14: The Right to the Highest Attainable Standard of Health.

European Commission. (2009). Report from the Commission on the Implementation Framework Decision 2004/757/JHA. Rights Committee. (1999). General Comment No. 27 on Freedom of Movement (Article 12).

Inter-American Court of Human Rights. (1994, January 21). Gangaram Pandey Case, para. 48.

Silver and Others v. the United Kingdom, (Article 50) 5947/72; 6205/73; 7052; 75 [1983] ECHR 11, (24 October 1983).

Sporrong and Lönnroth v. Sweden, 7151/75, ECHR 5, (23 September 1982).

Http://druglawreform.info/en/issues/decriminalization.

Http://sentencingcouncil.judiciary.gov.uk/docs/Drug_Offences_Definitive_Guideline_final_(web).pdf

Persian Sources

Dahkhoda, A. A. (1385 SH). Dahkhoda's Intermediate Dictionary (G. Sotoudeh, Ed.). (Vols. 1-2). Tehran: Tehran University Press.

Rahmadl, M. (1395 SH). Criminal Law of Narcotic Substances (4^th ed.). Tehran: Dadgostar Publishing.

Saki, M. R., & Konani, S. (1398 SH). Shoulds and Shouldn'ts of Eliminating the Death Penalty for Drug Crimes. Journal of Legal Perspectives, 24(87).

Sabzavari Nezhad, H. (1396 SH). The Position of the Proportionality Principle in Criminal Law in Iran and England. Journal of Legal Perspectives.

Sadeghi, A., Farajiha, M., Habibzadeh, M. J., & Omidy, J. (1396 SH). Consequences of Determining Penalties for Drug Crimes Based on Quantity of Substances in the Legal Systems of Iran and the United States of America. Comparative Law Research, 21(1).

Tayyebi, H. (1396 SH). The Position of the Proportionality Principle in Determining Penalties for Drug Trafficking Crimes in Iranian Law (Master's thesis). Tehran: Tarbiat Modares University.

Amid, H. (1389 SH). Amid's Dictionary (Vol. 1). Tehran: Rah-e Roshd Publication.

Farhoudian, A., Rahimi Moghaddam, A., Safatian, S., & Mohammadi, F. (1391 SH). Qualitative Study of the Crack Situation in Tehran. Social Welfare Scientific Research Journal, 12(47).

Saki, M. R. (1396 SH). Drugs and Psychotropic Substances from the Perspective of Criminal Sciences and International Law. Tehran: Javedaneh Publishing.

Mo'in, M. (1386 SH). Moin's Dictionary (Vols. 2, 2, & 4). Tehran: Zarrin Publication.

Houshiar, M. (1388 SH). The Sequential Proportionality Approach to the Grading System of Penalties in Iranian Criminal Law (Master's thesis). Tehran: Tarbiat Modares University.

Name *

Email Address *

Affiliation *

Comments *

Security Code *

Comparative Studies on Islamic and Western Law

The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws

References

References

Send comment about this article

Volume 10, Issue 3 - Serial Number 37
September 2023
Pages 49-74

The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws

References

References

Send comment about this article

Volume 10, Issue 3 - Serial Number 37September 2023Pages 49-74

Volume 10, Issue 3 - Serial Number 37
September 2023
Pages 49-74