نوع مقاله : پژوهشی
نویسنده
دانشجوی دکتری، گروه حقوق جزا و جرمشناسی، دانشکده حقوق، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Imprisonment is one of the most severe punishments after life. The most common punishment in the criminal arsenals of the legal systems of most countries is imprisonment. Although imprisonment is one of the criminal responses to the committing crimes, Iran's legislator, in accordance with Islamic jurisprudence and of course by making the jurisprudential point of view thick and strict, while approving and promulgating the Law on the Execution of Financial Convictions approved in 1996 and amended in 2015, imposed the punishment of imprisonment as a guarantee for the execution of payment to the convicted person. It has determined as a legal (civil) matter. Imprisonment of financial convicts is the intersection of civil conviction and criminal punishment. The way the legislator deals with the issue of financial convicts is against Article 11 of the International Covenant on Civil and Political Rights, which Iran has accepted. This kind of duality in the legal criminal policy, becomes much more complicated, especially with the limitation of financial convicts caught in prison in using social institutions, compared to imprisoned criminals who can benefit from legal discounts, such as parole, suspension of punishment, etc. In this article, using the analytical descriptive method, the nature of the imprisonment of financial convicts is examined and solutions are provided to avoid or minimize the cases of imprisonment of financial convicts.
کلیدواژهها [English]
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