Identifying effective alternative models for the punishments prescribed in the anti-narcotics law

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Luimi Fateme; Naimah Bani Isa; Albuali Amir

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Journal Paper

Paper Information

Journal: FUNDAMENTAL RESEARCHES IN LAW Year:2024 | Volume:1 | Issue:4 Page(s): 94-119

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Title

Identifying effective alternative models for the punishments prescribed in the anti-narcotics law

Author(s)

Luimi Fateme | Naimah Bani Isa | Albuali Amir | Issue Writer Certificate

Keywords

anti-drug law

alternative effective models

punishment

Abstract

The purpose of the current research is to identify effective alternative patterns for the punishments prescribed in the Anti-Narcotics Law. According to the investigation of drug crimes, it can be said that: the penal policy of the legislator in the anti-drug law is always based on suppression, the severity of the punishment and their disproportionality, in such a way that in determining the punishments, the degree of social ugliness of the act, the character of the perpetrator, human dignity, the type of crime and standards Human rights, which is one of the criteria for determining proportional punishment, has not been given enough attention, and it must be said that the criminal policy based on more use of the death penalty and long-term imprisonment, in addition to not having the desired deterrent effect, is unfair and against human dignity,Because the reluctance of the judges to issue such rulings and the attempt to resort to legal evasions and even in illegal cases, as well as the violation or non-implementation of the majority of them in various ways, is a clear proof of this claim that severe and repressive punishment is not favored by the judicial criminal policy. is notTherefore, the lawmaker›s criminal policy based on repression and severity of punishment in terms of departure from moderation and proportionality has been neutralized in practice or has not followed the expected successes.

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