The Impact of Mitigating Factors on Sentence Reduction in International Criminal Courts and the Iranian Criminal Justice System

Abstract

Mitigating factors play a significant role in reducing sentences and individualizing punishment. The statutes and laws of international criminal courts do not explicitly specify the extent to which these factors influence sentence reduction; rather, this matter is left to the discretion of judges. Determining the impact of mitigating factors on sentence reduction, as is done in domestic law, is not feasible, as case-by-case adjudication requires consideration of the specific circumstances of each case and the individual conditions of the accused. Consequently, a factor may not be considered mitigating in one case, or its weight and credibility may be minimal. Furthermore, the reduction of sentences in the presence of mitigating factors must be assessed in relation to the severity of the crime and aggravating factors. The presence of multiple aggravating factors and the gravity of the offense may limit or even neutralize the impact of mitigating factors. Therefore, the value, credibility, and influence of mitigating factors depend on multiple elements, including the specific circumstances of the case, the severity of the offense, and the presence of aggravating factors, making it impossible to establish a fixed standard for their impact. Courts evaluate and assess mitigating factors in relation to other elements, resulting in variations in their influence on sentencing across different cases. In the Iranian criminal justice system, within the framework of discretionary (Ta'zir) crimes, although judges have legal discretion to grant mitigation when mitigating circumstances exist, the legislature has specified the mitigating factors and the extent to which penalties may be reduced or commuted in such cases. Additionally, the law explicitly outlines instances where judges are prohibited from granting mitigation, thereby restricting their discretion in this regard.