نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق، دانشکده حقوق دانشگاه شهید بهشتی، تهران، ایران.
2 کارشناسی ارشد، گروه حقوق، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
عنوان مقاله [English]
One of the public decency’ prejudicial crimes is procuration, creating many damages on the society. Avoiding from the risk of offenders of this crime, needs wide variety of appropriate criminal responses. This descriptive- analytical research Based on two different readings from the principle of narrow and broad Proportionality, the present study assesses the extent of the proportionality of procuration crime and its punishment. It come to the conclusion that the punishment of this crime isn’t proportionate with the crime and punish purposes, and therefore its revision is required. The main challenge in achieving this goal is that the legislator has listed procuration as hodod crimes. One way out of this challenge is for the legislator to admit ta'zirism by resorting to Juridical theory to agree it. Of course if the legislator don’t accept this theory, Judicial authority has to some extent this punishment by using the capacity of supplemental punishments. In addition, it is proposed that the legislator recognize changes in response to the tazir types of this crime, changes such as the anticipation of a fine in parallel to other penalties and the intensification of punishment for some aspects of this crime.