Pathology of the brawl crime: Defective criminalization-Determining concise punishment

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Hasani Mohammad Hasan

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Journal Paper

Paper Information

Journal: CULMINATION OF LOW Year:2023 | Volume:9 | Issue:1 Page(s): 37-69

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Information Journal Paper

Title

Pathology of the brawl crime: Defective criminalization-Determining concise punishment

Author(s)

Hasani Mohammad Hasan | Issue Writer Certificate

Keywords

Brawl crimeQ4

collective fightingQ4

uncertain perpetratorsQ4

RevengeQ4

RansomQ4

Abstract

There is no doubt about the necessity of criminalizing the brawl based on maintaining public order and social welfare on the one hand and preventing felonies on the other hand and within the framework of the principle of criminal intervention. The general and unforgivable aspect of this crime shows this There is no doubt about the necessity of criminalizing the brawl based on maintaining public order and social welfare on the one hand and preventing other criminal behaviors based on physical violence on the other hand and within the framework of the principle of criminal intervention. The general and unforgivable aspect of this crime shows this fact. However, the quality of criminalization and punishment of the brawl is commensurate with the mentioned goals and can be discussed within the framework of general principles of criminal law such as the principles of criminal law, proportionality of crime and punishment and fairness. The criminalization and punishment of this crime faces considerable challenges. What is more, goal-oriented, vague and extensive criminalization, on the one hand, and incomplete graded punishment, and incomplete rule-making, guaranteeing the Ransom of comprehensive property, on the other hand, has reduced it to faulty criminalization and incomplete punishment. Effective criminalization and punishment of disputes Appropriate ambiguities, especially specifying the occurrence of public and public disputes of at least three people in a known and determined group on the one hand and anticipating gradual punishments in terms of specific mitigating and aggravating qualities and adopting a clear approach to guaranteeing blood money The summons is equally outside the cases of filth and the execution of the oath of all the accused on the other hand.

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