Mitigation of Punishment and alterante Punishment are among the institutes of criminal law available in different countries' penal code systems.These two institutes emerged and gained support from legislators and judicial authorities after the advancements of criminology and the needs felt. Such institutes are at work in the armed forces Crime act system too.This paper elaborates on the theoretical disciplines of mitigatiion of Punishment and alternate Punishment, gives a short history of the functions of them in Iran's Islamic penal code and performs an analysis to present certain comments to erradicate the defects in the system.

The principle of Proportionality is one of the elements of retributive theories.Moreover its application is about the Proportionality of the Punishment of a Crime to the same Crime.Crucial question is whether the Proportionality of the Punishment with those Crimes,determining the appropriate Punishment for each Crime and execution in cases where there are multiple Crimes or not?Regarding the Proportionality of Punishment in various Crimes,the criminals have relied on another principle called"overall Proportionality"to determine the Punishment commensurate with those Crimes,which is based on mitigation.Otherwise,we will face an increase in the impunity of Punishments.In some cases,the offender is deprived of major part of life and in some cases;people are destroyed as a result of criminal sanctions or it imposes a Punishment that is equivalent to the Punishment of severe and serious Crimes.Although this principle is supported by intuitive attractions,it will need philosophical convincing justifications.Retributivists who believe in the principle of equal Punishment for equal Crimes must now provide evidence in order to justify bulk discount in the Punishment of multiple offences.The idea of overall Proportionality,which is based on the qualitative measurement of harm rather than a quantitative and numerical model,can be a good basis for determining Punishment of multiple offences.

As women's Crime rates increase, gender equality is important in punishing offenses. Therefore, the issues affecting the Punishment of women's Crimes, including the will to commit a Crime and the consequences of the Punishment, are addressed. Structural stress theory and role concept are used to investigate these issues. The research method is qualitative through semi-open interviews with four groups of religious scholars, judges and lawyers, criminal law students and women's rights activists. The structural pressure that is exerted on women in different situations provides a passive will and provides them with the opportunity to commit a Crime. On the other hand, Punishments have more severe consequences, such as physical and mental problems, family and social exclusion for women. These conditions necessitate the application of a supportive approach to Punishment, such as a reduction in the type and amount of Punishment, the complete abolition of certain penalties and so on.

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.

Today, one of the issues in academic and public arenas in Iranian society is the methods and types of selecting Punishments for the Crime of moharebeh (refers to a specific Crime in Islamic law, often interpreted as waging war against God or spreading corruption on Earth). The legislator, during the process of law-making after the Islamic Revolution of Iran, has shown a greater inclination towards the discretionary view in choosing among the four types of Punishments for moharebeh in the laws. This article, using a descriptive-analytical method and focusing on the verses of the Qur’an and the narratives concerning moharebeh, criticizes the legislator's approach. It emphasizes that the opinion advocating for order or Proportionality between the Crime and the Punishment for moharebeh can be inferred from Qur’anic and narrative evidence and is, in fact, consistent with the Qur’anic verses. The most important achievement and innovative aspect of this article compared to other writings is, firstly, that the apparent meaning of the verse on moharebeh concerning discretion is disputable. Some prominent scholars, including Qutb al-Din al-Rawandi and Allameh Helli, believe that the verse indicates a sequential order. Secondly, multiple verses of the Qur’an support the principle of Proportionality, which clarifies or removes any ambiguity from the verse on moharebeh. The verse on moharebeh cannot be interpreted contrary to the apparent meaning of numerous other Qur’anic verses. Thirdly, the verses indicating the necessity of Proportionality between Crime and Punishment are exempt from any limitation or restriction. As some commentators explicitly state, the lack of Proportionality between Crime and Punishment is considered injustice, and injustice is both rationally and legally forbidden (haram). Fourthly, the verses and narratives indicating the necessity of Proportionality between Crime and Punishment are explicit texts (nass), whereas the verse on moharebeh (assuming it indicates discretion) and the narratives indicating discretion are apparent (zahir); and explicit texts are prioritized over apparent ones. Fifthly, the desirability of adhering to Proportionality between the Crime of moharebeh and its Punishment is unanimously agreed upon by all jurists, and none of them consider a ruling that observes Proportionality between Crime and Punishment to be contrary to Sharia. In contrast, failing to observe Proportionality in moharebeh is, according to the most jurists’ opinion, against Sharia.

Sentencing for cyberCrimes as a formal and mandatory response is the most important way to deal with these Crimes. Sentencing means judge discretion for selecting proper sentence for convicts of cyberCrimes. Sentencing is applied in three states: change of legal Punishment، imperfect execution of sentence and non-execution of sentence. At first glance، sentencing for cyber criminals is similar to other criminals but differential legal penalization leads to differential sentencing. Differential approach to sentencing for cyberCrimes is based on contradiction relationship between cyberCrime and cybercriminal. As much as cybercriminal deserve for easy sentencing for due to factors such as age، gender، location of offense and its circumstances، talents and high qualities، vice versa cyberCrime deserves rough sentencing due to widespread damages، easy commit of multiplicity of Crime، commit in different places، multiple challenges for cyber forensic and prosecution like anonymity. The importance of sentencing is depends on understanding the conflict between deserves of cybercriminal and concerns of cyberCrime.

The Holy Qur'an refers to the issue of the proportion of the Crime with its Punishment in the qisas verses: Baqara / 194, Showra / 40 and Ghafir / 40. Studying the verses in the commentaries of Islamic commentators shows that one penal principles of Islam lies in the necessity of acting on the principle of "Proportionality of the Crime with Punishment", which is directly significant in Qisas of the soul and Qisas of the parts of body. The criminal laws of Islam are of revelatory source and based on anthropological, anthropological and theological foundations. The role of Islamic Punishments is to preserve the balance of the individual and society through the preservation of unchangeable values. In determining Islamic Punishments, such components as Proportionality criteria between Crime and Punishment, the type of Crime and personal characteristics of the offender, and the degree and type of victim's fault have been fully brought into consideration. Thus, the penalty`s goals such as Punishment and reform of the offender, lead to public and private prevention and social defense. The study has been performed by studying the verses and jurisprudential traditions, discussed in the interpretative books and the analysis of the data. In this way, it has been shown that the criminal law of Islam lies in judging the right, justice, fairness and reverence for human beings, and Islamic Punishments are proportionate to the Crimes in the case of the Qisas verses.

Acid throwing as a formidable violence is more common in countries such as India، Bangladesh، Cambodia and Pakistan. There is a close connection between acid throwing Crime and the social status of women. Regarding the irreparable damage of this Crime and، more importantly، destroying the beauty of the victim's face، for some people، it is even heavier than the offense of intentional murder. Since acid throwing has been spread in Iran in recent years، a comparative study of Punishment of this Crime in Iran with these four countries، according to their legal system، appears to be useful. Therefore، type، quality and quantity of Punishment and penalizing the criminal can be helpful in better understanding of criminal law، using strengths and covering weaknesses in legislation. According to the results of this study، there is no enough standard law in this country to deter acid throwing. Accordingly، its production، distribution and sale should be limited and preventable، and its illegal distribution must be punished. Since acid throwing is rarely fatal but causes serious damage to one's appearance and beauty، death penalty is rarely imposed. It is important to note that acid burn is a lifelong disease therefore criminal must incur all of conventional expenses of victim for a lifetime in addition to the wergild.