5- Evaluation of compliance with the principle of proportionality in the criminalization of Afghanistan's penal code with emphasis on the corruption crimes.

Document Type : Specialized scientific

Authors

1 Islamic Azad University-Kabul Branch

2 Almustafa International University-Kabuk branch

10.22034/cr7.2024.100483.1027

Abstract

The Purposeful Penalization is the concept of policy making in the field of punishment, in terms of types and degree which is based on a logic predictable and regular method that penological and criminological knowledge have play significant role in it.

Determining the appropriate punishment in term of type and degree that should be made easier is too much complex matter and requires consideration of several components.

Compliance of the principle of proportionality between crime and punishment, and on the other hand proportionality between the committed crime and the character of the convict, is complex matter that legislator must be considered during penalization process.

In this article, the method of carrying out the principle of proportionality in the penal code of Afghanistan from the point of view of the Purposeful Penalization model with emphasis on corruption crimes is evaluated and it shows that the principle of proportionality in 15 discourses, which includes 3 discourses of general sentences and 12 discourses of crimes and punishments (corruption), is not observed in the penal code.

This research has a suggestion to pay attention to the principle of proportionality should be observed in other parts of the penal code as well.

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