سیاست کیفری ایران در تناسب‌سازی مجازات اعدام در جرائم مواد مخدر

The principle of proportionality of punishment is applied in the legisla-tive stage by determining the type of punishment and predicting its minimum and maximum and granting the judges the authority to use the facilities of leniency such as reduction, suspension and conditional release in a systematic manner by the legislator and in the trial stage by the judges of the courts by selecting and allocating punishments appro-priate to the type of crime, severity of the crime and the status of the perpetrator. The research method of this article is of an applied purpose and in terms of qualitative nature and library data collection tool, and the data analysis method is descriptive-analytical; which is based on the findings and results of the research, Iran's criminal policy in the fight against drugs has always been repressive, strict and dispropor-tionate. Also, the basis of punishments in the law on the fight against drugs has been more concerned with the quantity and amount of drugs, and less attention has been paid to the quality and personality of the perpetrators and other factors involved in committing the crime and deterrence and effectiveness. Also, the death penalty has not been an effective deterrent and has had undesirable criminal effects in society. Therefore, the legislative penal policy has not been effective and useful in practice due to its departure from proportionality and moderation, and has even weakened the legitimacy of the death penalty. Therefore, a fundamental revision of the policy of imposing severe punishments, especially the death penalty, and the use of appropriate alternatives is fruitful.