عنوان مقاله [English]
In the field of military crimes and punishments, the legislator has considered the aggravated qualities from its general and specific aspects in such a way that it has proposed aggravating factors and has proposed the severity of punishment based on these factors; This can also be seen in US criminal policy toward punishing military offenses. Based on this, the question is what is the nature of the aggravated qualities in the legal system of Iran and the United States?
Findings and Results: The criminal policy of Iran and the United States on the subject of crime, where the principle of government and the governing body is violated, has been designed and devised with a strict discriminatory policy with the death penalty, and what is the fundamental difference in terms of differences? The fact that legislative and judicial criminal policy in American law is based on criminological teachings and ideologies in a precise and orderly harmony, which has led to the excellence and success of this legal system, but on the contrary in Iranian law. Legislative and judicial criminal policy with the least attention and scrutiny are in the form of anomalies in conflict with each other, which ultimately leads to the failure to achieve the inherent goals of punishment and the inefficiency of judicial criminal policy.