Justice is considered as one of the most complicated issues in the field of human relations, especially when steps are to be taken by the ICC in order to compensate for “victim’s damage” and “deal with CRIMINALs and punish them”. The complexity of this issue is intensified when the Court connects the realization of justice to the issue of peace, security and prosperity. The study of the concept of justice in the supplementary jurisdiction shows that the Rome Statute, by appealing to it, is trying to partially adapt normative pluralism to the performance of international CRIMINAL justice. At the same time, the concept of justice in the Rome Statute is based on different circumstances and situations. In addition, justice in its own special sense is based on the authentication of offender’s fault as well as the rehabilitation of the offender, and in its general sense also includes the interests (profits) of the victims. That’s why the Court in order to have a lasting impact on justice and peace, has established a unit to support victims and witnesses, as well as establishing a trust fund. The Court, meanwhile, enforces the retributive justice by punishing perpetrators of atrocity crime. Accordingly, the Court’s decisions were aimed more at deterring (preventive) with the aim of achieving peace and security rather than the proportionality of offence and punishment; thus, indications of compensation for inequality have been occurred, which is not the concept of retributive justice in its rulings.

Studying the economic approach of the law is difficult. This approach confronts with the natural limitations and obstacles such as the absence of the economic bases for calculating the profit and loss, pain and enjoyment, favor and disfavor, usefulness and uselessness and their amount, the mentioned approach, especially in the CRIMINAL law, has a more difficulty (multiplied difficulty) because of its nonfinancial aspect. But taking an approach of a middle course, this problem will be solved theoretically. The economic approach in the CRIMINAL justice system confronts with another obstacle; because if it wants to affect the Precedent (judicial precedent) it should affect the legislator. This scientific movement is rooted in legal realism and pragmatism. Therefore, in order to apply this approach in the area of penal code of Iran, it is necessary to study the procedure of the advent, strengthening and theoretical evolution of those thoughts in this area.

A longstanding philosophical and legal issue is how to deal with CRIMINALs and persons who in some ways act against the acceptable laws, rules, norms and values in any society. CRIMINAL copings and imposing punishments on those who violate the principles and rules of any society and maintaining CRIMINAL responsibility for the individuals are as old as humanity. Meanwhile, the THEORIES of criminology have had great effect on the developments concerning the CRIMINAL responsibility throughout their histories of emergence. Noting the element of will as the foundation of CRIMINAL responsibility can be observed in all criminological THEORIES and throughout the history of criminology has faced many fluctuations from the absolutism of will to its negation. The importance of these developments lies within the relative wills of some perpetrators of deviations and crimes such as sexual perversions. Because new scientific achievements have proven that many sexual perverts do not enjoy complete will when doing the deviant behavior and have relative wills. Without any doubt, the achievements of criminological THEORIES such as theory of diminished responsibility have had an outstanding influence on the developments of CRIMINAL responsibility and also the CRIMINAL responsibility of the sexual perverts would not be deprived of these achievements.

The first account of the principles of proportionate sanctions was utilitarian, and was provided over two centuries ago by Cesar Beccaria and Jeremy Bentham. Failure to observe the principles of proportionality in sentencing would be weaken the deterrent function ef punishment. Currently, theory of Positive General Prevention is the dominant theory of punishment in German crirninallaw. This term was constructed in Germany to make a different between traditional term “general deterrence” and “positive general prevention”. This theory emphasizes on positive function of punishment through strengthening the morality, supporting the desired attitudes and ways of behaving, and strengthening the respect and trust in law. The final purpose is crime rate reduction in society.

In their judgment of the Erdemovic case in 1997, the majority of judges of the ICTY Appeals Chamber, have reached the conclusion that soldiers charged with participation in war crimes and crimes against humanity involving murder must not benefit from a complete defense of duress. Referring to the lack of a customary rule in international law about the recognition of duress in cases of murder as well as the unfavorable effects resulting from such a recognition. A deeper analysis reveals that the varying ethical and philosophical views of the majority and minority judges have had a decisive role in the recognition or rejection of the defense of duress in that case and the same varying moral and philosophical viewpoints may have an effect on the future judgments of the International CRIMINAL Court in cases involving duress in murder.

In the recent decades, CRIMINAL policy as a set of measures to control CRIMINAL phenomenon has been changed remarkably influenced by the approaches of law schools and THEORIES of criminologists and its widespread concept has been taken into consideration. However, this view is not unprecedented in CRIMINAL law history and it has been considered in the Islamic CRIMINAL justice especially during the reign of Imam Ali (Peace be upon him). The concordance of findings of contemporary criminologists and law schools with the viewpoints of that criminologist jurist shows this fact. His attention to the categories of prevention, rehabilitation, civil society capabilities, the principle of legality and minimal intervention of CRIMINAL law and in brief, special attention to human dignity has caused his penal policies to still meet the needs of modern human beings and to be considered as a unique policy. Therefore, regarding the peaceful coexistence of Imamiyeh CRIMINAL law with criminological theoretical data and practical experiences of CRIMINAL policy, it’ s worthy that the policies of modern CRIMINAL jurisprudence follow all the accepted and emphasized principles of Islamic law system for the title “ CRIMINAL policy of Islam” to be applied.

In terms of crime and punishment literally two words on the two sides of the same coin and are dumped into two rails of a train in parallel in the history of mankind together with And. Crime and punishment of the crime, meaning cut-up or as Raghib Isfahani the meaning of crime, cut the fruit from the tree, and for any business ugly and abominable, used, as a result of the sense of sin and crime has been interpreted.In other words, the reward of good and evil, reward and punishment, which is seen this way, the literal meaning of the word meaning and word gets involved Not far their rights and the principle of crime and punishment has always been an action for a response repel the aggressor. comes the opinions of scholars and jurisprudence and reflect the principles and rules regularly Different aspects of the topic to be discussed.