The concept and position of circumstantiality mitigation in clinical criminology approach

Abstract

Determining the penalty for offenders with regard to circumstantiality mitigation, including valuable gains of criminal law and its best examples refers to "personalization of penalty ", which developments in this field are recognized throughout history and influenced by the teachings of the neoclassical school and Social defense movement among legislators and judicial authorities. This legal entity with available judicial and legislative tools gives judges the possibility to determine sentence commuted based on the criteria such as physical and emotional state, economic - social and familial conditions. On the other hand, it seems that the commutation entity has been redefined in discursive space of this approach through influence of clinical approaches that are based on the belief of offender corrigibility, on the field of criminal law and tackle with penalty and intimidation approaches. This paper examines the norms, rules and principles governing circumstantiality mitigation in the context of clinical criminology theory regardless of committed crime. The present study was theoretical and by using analytical - descriptive method has studied mitigating measures of penalty in clinical criminology regardless of the nature and type of committed crime.