نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرم شناسی، واحد اصفهان (خوراسگان)، دانشگاه آزاد اسلامی، اصفهان، ایران
2 دانشیار گروه حقوق کیفری و جرم شناسی، دانشگاه آزاد اسلامی، واحد اصفهان (خوراسگان)، اصفهان، ایران
3 استادیار گروه حقوق، واحد اصفهان(خوراسگان)، دانشگاه آزاد اسلامی، اصفهان، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Today, along with the policies of decriminalization and decriminalization, each of which in some way reduces the number of actors in the criminal system, the policy of decriminalization should be taken into consideration by the Iranian legislator. For this reason, legislators and criminal policymakers pay special attention to decriminalization, one example of which is imprisonment. The last will of the legislator in Iran's criminal law in this regard is the law on reducing the punishment of imprisonment, approved in 2019. But the approval of this law has resulted in various changes and innovations from the point of view of criminal policy. The current research has investigated the developments and innovations brought about by the Law of Detention from the point of view of criminal policy, using a descriptive-analytical method. The findings show that, in the approval of the law on reducing the punishment of imprisonment, appropriate measures were taken, including the removal of whipping, the integration of the initiation and deputy system in crime, but on the other hand, the legislature, which aimed to establish a balance between crime and punishment, entered the field of legislation. without the necessary background, the guarantee of execution of some crimes has been reduced to more than seven times and in practice, the reaction of imprisonment in many forgivable crimes has been made void of execution, which seems that this orientation has a constructive reading in the minds of the audience of the law. It should not be related to the deterrent goals of punishments, which is the main claim of the legislator in criminal policy.
کلیدواژه‌ها [English]
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