A COMPARATIVE STUDY OF THE PATTERN OF SENTENCING SCHEMES BASED ON GUIDANCE IN IRANIAN AND BRITISH LAW

Abstract

Penalization is one of the most complex difficult, and sensitive cases of criminal law, therefore, it must be by the principles and foundations of criminal law and based on reasonable criteria. In the Iranian legal system, one of the patterns of sentencing that is always controversial is the sentencing schemes based on guidance which in this research is one of the axes of research in the legislative stage, the English penal system must follow a single criterion, namely the principle of proportionality of crime and sentencing (principle of Sentencing) and in the sentencing phase, by giving powers to the courts and providing guidance to other purposes of their sentencing, to establish coordination and rules. This article aims to infer the criteria for choosing sentencing in the Iranian and British criminal law system, to determine the commonalities and differences between the Iranian and British criminal justice system, to determine the strengths and weaknesses of Iranian sentencing compared to British law in the form of presumptive sentencing or based on guidelines which have been done by library study method and field report. In this study, results such as that British law has generally used different principles of sentencing in criminalization and sentencing and the legislature in laws such as the Law on the Powers of the Criminal Courts 2000 and the Criminal Justice Law of 2003 and 2005 has established the basis of sentencing in the legislative stage of criminals, which deals with the principle of proportionality of crime and sentencing and then, by giving powers to the criminal courts and, of course, by providing guidelines and instructions from the appellate courts and the sentencing council, obliges them and this method of legislation in compliance with the Sentencing Schemes in national laws.