ADDUCIBILITY TO CULTURAL NORMS IN SENTENCING; COMPARATIVE STUDY IN JUDICIAL SYSTEM OF IRAN, USA AND GERMANY

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HOSEINI SEYED HOSEIN; DANESH NARI HAMIDREZA

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Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:7 | Issue:2 Page(s): 533-549

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Title

ADDUCIBILITY TO CULTURAL NORMS IN SENTENCING; COMPARATIVE STUDY IN JUDICIAL SYSTEM OF IRAN, USA AND GERMANY

Author(s)

HOSEINI SEYED HOSEIN | DANESH NARI HAMIDREZA | Issue Writer Certificate

Keywords

ADDUCIBILITY TO CULTURAL NORMSQ2

CULTURAL NORMSQ1

MULTICULTURALISMQ1

SENTENCINGQ1

Abstract

CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS is created, when criminalization system and CULTURAL NORMS are in opposite. According to this approach, when an act is criminalized and it is advised according to some special CULTURAL NORMS, adducing of defendant to CULTURAL NORMS in different steps of criminal process, creates a concept which is called CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS. This research by using qualitative models and case study method, tries to evaluate the role of CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS in SENTENCING in judicial systems of Iran, USA and Germany. Findings of this research show that in Iranian penal system, CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS is not used in hadd and qesas punishments. While it is usable for ta’ziri offences. The current approach of the German legal system with accepting of CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS, has limited it. In the US criminal justice system, extreme attention to CULTURAL NORMS has caused its acceptance in criminal process stages. While the studied legal systems are representative of three legal system (Islam, Common law and Roman-German), CULTURAL NORMS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ADDUCIBILITY TO CULTURAL NORMS usually a cause for minimum punishment. It should be noted that in the Iranian legal system, it is adduced tota’ zirat offences.

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APA: Copy

HOSEINI, SEYED HOSEIN, & DANESH NARI, HAMIDREZA. (2017). ADDUCIBILITY TO CULTURAL NORMS IN SENTENCING; COMPARATIVE STUDY IN JUDICIAL SYSTEM OF IRAN, USA AND GERMANY. COMPARATIVE LAW REVIEW, 7(2 ), 533-549. SID. https://sid.ir/paper/246332/en

Vancouver: Copy

HOSEINI SEYED HOSEIN, DANESH NARI HAMIDREZA. ADDUCIBILITY TO CULTURAL NORMS IN SENTENCING; COMPARATIVE STUDY IN JUDICIAL SYSTEM OF IRAN, USA AND GERMANY. COMPARATIVE LAW REVIEW[Internet]. 2017;7(2 ):533-549. Available from: https://sid.ir/paper/246332/en

IEEE: Copy

SEYED HOSEIN HOSEINI, and HAMIDREZA DANESH NARI, “ADDUCIBILITY TO CULTURAL NORMS IN SENTENCING; COMPARATIVE STUDY IN JUDICIAL SYSTEM OF IRAN, USA AND GERMANY,” COMPARATIVE LAW REVIEW, vol. 7, no. 2 , pp. 533–549, 2017, [Online]. Available: https://sid.ir/paper/246332/en

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