according to cultural norms in the sentencing phase comparative study on the judicial system of iran, germany and america

adducibility to cultural norms is created, when criminalization system and cultural norms are in opposite. according to this approach, when an act is criminalized and it is advised according to some special cultural norms, adducing of defendant to cultural norms in different steps of criminal process, creates a concept which is called adducibility to cultural norms. this research by using qualitative models and case study method, tries to evaluate the role of adducibility to cultural norms in sentencing in judicial systems of iran, usa and germany. findings of this research shows that in iran penal system, adducibility to cultural norms is not used in hadd and qesas punishments. while it is usable for taziri offences. the cuurent approach of germany legal system with accepting of adducibility to cultural norms, has limited it. in the us criminal justice system, extreme attention to cultural norms has caused to accepting of it in criminal process stages. while the studied legal systems are representative of three legal system ( islam, common law and roman -german ), adducibility to cultural norms usually cause to minimum punishment. it should be noted that in iran legal system, it is adduced to tazirat offences