نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق کیفری و جرمشناسی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The purpose of the current research is to examine the penal policy of the United States of America for military crimes. Since the applied policy in the United States of America is based on the common law system and the benefit of this system, which is based on judicial procedure, it makes it difficult to determine whether or not an act or omission is a crime, leading to the creation of a comprehensive instruction in this matter. All members of the armed forces, including active reserve forces, active duty personnel, and members of the Guard and even retired members of the military, are subject to the Uniform Law of Military Justice. Based on that, even if a member of the armed forces commits a criminal act unrelated to military affairs, he/she will be subject to the aforementioned law in addition to civilian punishments and will be punished accordingly. In general, the penalties for violating any of the aforementioned laws vary from loss of privileges to imprisonment and discharge. All members of the military are subject to military law regardless of whether they are actually serving or not. The Uniform Code of Military Justice is the legal framework that governs all members of the United States military. It covers various legal issues from the detention and imprisonment of military personnel to the provisions of military appeals courts. Also, the Uniform Law of Military Justice covers the specific crimes of military officials, including widespread crimes and misdemeanors, perjury, abuse of authority, bribery, intimidation, misuse of property, lack of supervision, etc., and also includes ordinary civilian crimes. The current research is a descriptive-analytical study using the documentary method, in which preserving the authenticity of the documents and referring to them was considered.
کلیدواژهها [English]
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