The Place of the Principle of Individualizing Punishment in a Fair Judicial Ruling in Iranian Jurisprudence and Law

Abstract

The principle of individualizing punishments has always been recognized as an exception to the principle of legality of crimes and punishments. However, whether the observance of the principle of individualizing punishments can be considered a law during judicial sentencing is a matter that, given the fact that in the Iranian penal system, the judge is compelled to issue a verdict solely based on the contents of the case file, will lead to serious disagreements. This article, through a descriptive and analytical method and by exploring jurisprudential and legal texts as well as the concept of justice, concludes that justice—in the sense of fairness—along with solid jurisprudential foundations and the numerous instances of this principle in jurisprudence, necessitates that the observance of penal individualization in issuing a fair judicial verdict be considered as a binding law. Given the ongoing developments in the Iranian judicial system, it is recommended that this matter be taken into consideration by the legislature. However, the laws should be designed in such a way that they both allow judges flexibility in issuing fair judicial rulings and, through certain measures, prevent potential abuses.