نوع مقاله : پژوهشی
نویسندگان
1 گروه حقوق، واحد علوم و تحقیقات، دانشگاه آزاد اسلامی، تهران، ایران
2 استادیار گروه حقوق، دانشگاه امام باقر علیه السلام، تهران،ایران..
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In countries with a prison-based criminal system, not only did crime not decrease; Moreover, the number of recidivism by convicts with a history was high, and there were widespread criticisms of the negative effects of prison, both economically and socially. As a result, lawyers decided to replace it with imprisonment. In Iran's criminal system, the legislator has also allowed imprisonment and the possibility of converting it into an alternative punishment. Based on this, the purpose of this article is to examine one of these alternative punishments, which is the deprivation of a person's civil and political rights, which, according to the law or the ruling of a competent court, causes the punishment of deprivation of social rights; Because this punishment has legal roots; But it has been codified from French criminal law into Iran's criminal law. In the Islamic Penal Code, the method of compiling and applying this punishment is considered as independent, secondary, supplementary and protective and educational measures. This theoretical research was done with a descriptive-analytical method and it was done to collect information from the library method and referring to books, articles and documents. The obtained results show that the way of applying this punishment due to the creation of job restrictions, in addition to the fact that it affects the return of the criminal and has negative effects on his family. Because there is no proportionality between crime and punishment; That is, it is against the principles of equality and legality of crimes and punishments. In the new Islamic Penal Code, the definition of social rights and restoration of dignity is foreseen to be removed from the judicial type,
کلیدواژهها [English]
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