Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Examining the Conviction of Preventing Access to Civil and Political Rights in the Substitution of Imprisonment

Document Type : Original Article

Authors
1 PhD Student, Department of Law, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
2 Assistant Professor, Department of Law, Imam Baqir University, Tehran, Iran.
10.22034/jccj.2024.434463.1462
Abstract
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.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 417-430

  • Receive Date 05 September 2023
  • Revise Date 11 November 2023
  • Accept Date 17 December 2023
  • Publish Date 20 February 2024