Authors

1 Criminal law and Criminology Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran

2 Assistant professor and faculty member, Islamic Azad University, Ardabil Branch, Ardabil, Iran

3 Lecturer and faculty member, Islamic Azad University, Ardabil Branch, Ardabil, Iran

Abstract

Capital punishment or death penalty is a social enforcement guarantee which have existed in all societies and civilizations since past, and have taken many victims. Although today, this punishment has revoked in many countries completely and many international documents and treaties consider it as a violation of human rights, but still, there are some countries and governments that have maintained this punishment in their laws and against some political, social or religious crimes are applied. Despite many altercations and discussions that about the abolition or retention of the capital punishment has been started about two hundred years ago and each of the opponents or fans have expressed reasons and arguments about approval or rejection, yet, certainly we cannot believe that the capital punishment is an unhelpful and effective legal. But a useful practical solution is that to maintain the right of live of individuals and observe their inherent value, which has been highly regarded in recently years, at least in some crimes, opponents views should be preferred the disciple views and as much as possible, cases for applying it in laws should be reduced and its enforcement should be limited to some very serious and harmful crimes, especially with regard to that in contemporary world, the purpose of punishment is not punishing or penalizing, but also its purpose is correction and nurturance of offenders and restore him/her to normal life.

Keywords

Ardebili, Mohammad A (2010), public criminal law, 24 editions, Tehran, Mizan publication.
Bkarya, S (2010), crimes and punishments thesis, translated by Mohammad Ali Ardebili, Tehran, Mizan publication.
Shambiati, H (2010), public criminal law, 3 editions, Tehran, Majd publication.
Shams Nateri, Mohammad E (1995), comparative study of capital punishment, Qom, Center of Islamic Studies and Researches,
Shahlaii, F (2010), death penalty and its abolition movement, first edition, Tehran, Negah Bineh Cultural Institute of Publishing.
Ali Abadi, A (2005), criminal law, Mizan Publication, Bita.
Nooriha, R (2004), public criminal law field, 20 editions, Ganj Danesh Publication.
Jean-Jacques R (1969), the social contract, translated by Enayatollah Shakiba poor, Tehran, Farokhi press institution.
Validi, M.S, (1993), public criminal law, second editions, Tehran, Samt publication.
Ardebili, M.A (2006), international criminal law, selected papers, capital punishment from the perspective of human rights, Tehran, Mizan Publication.