The System of Punishment Determination in Iranian Law

In this book, factors affecting the difference in judges' votes in similar crimes, have been investigated. Factors are divided into two legal and extralegal categories resulting in the issuance of minimum and maximum penalties, and legal factors are also divided into general and specific factors related to the crimes of theft and deliberate assault and battery. For this purpose, a questionnaire consisting of 53 questions with a 5-point Likert scale was designed and the opinion of the community of judges of the general courts and the court of appeal (criminal) in the judicial district of the city of Mashhad was collected. In order to evaluate the difference of votes, the sample variance index was used, while Leven statistical test was used to test the generalizability of the results; t-test and Friedman's test were used to check the effectiveness of the inferred factors and to rank the influence of the mentioned factors, respectively. The results showed that the influence of extralegal factors on issuing different votes on similar crimes in the statistical society of judges and determining the penalties is more than the legal factors.