In the past ages, due to the dominance of autocratic systems and the preference of individual interests over collective interests, there was no proportionality between crimes and punishments, and what was determined as punishment did not have criteria for determining punishment, but was determined based on the will of the rulers. Afghanistan, like some other countries, is not exempt from this and has seen injustices in its history due to the disproportion of crime and punishment. The purpose of this research is to examine the criteria for determining punishment in Afghan law, on what basis is it based and to what extent is it based on human rights criteria. Examining the criteria of proportionality of crime and punishment in international documents and Afghan laws. This research was compiled with descriptive analytical method to provide an answer to the main question, "What criteria does the principle of proportionality of crime and punishment have in international documents and Afghan laws and to what extent has it been observed?" The findings of the research show that the principle of proportionality of the crime committed and the punishment issued in the laws of Afghanistan is based on criteria such as the amount of injury suffered by the victim, social benefits or the deterrent role of punishment according to the type of crime and the degree of guilt of the victim.
(2024). Examining the principle of proportionality of crime and punishment in international documents and Afghan laws. , 4(1), 47-70. doi: 10.22034/cr7.2024.100547
MLA
. "Examining the principle of proportionality of crime and punishment in international documents and Afghan laws". , 4, 1, 2024, 47-70. doi: 10.22034/cr7.2024.100547
HARVARD
(2024). 'Examining the principle of proportionality of crime and punishment in international documents and Afghan laws', , 4(1), pp. 47-70. doi: 10.22034/cr7.2024.100547
VANCOUVER
Examining the principle of proportionality of crime and punishment in international documents and Afghan laws. , 2024; 4(1): 47-70. doi: 10.22034/cr7.2024.100547