A Critique on the Punishment of Deprivation of Social Rights Stipulated in the Islamic Penal Code 2012 in the Mirror of the Constitution

Khani, Mirhamed; Dehghandar, Mojtaba

doi:10.22034/jccj.2024.459284.1569

A Critique on the Punishment of Deprivation of Social Rights Stipulated in the Islamic Penal Code 2012 in the Mirror of the Constitution

Document Type : Original Article

Authors

Mirhamed Khani ¹

Mojtaba Dehghandar ²

¹ Researcher in Criminal Sciences and University Lecturer, Tehran, Iran. (Corresponding Author)

² Researcher in Criminal Sciences and University Lecturer, Tehran, Iran.

10.22034/jccj.2024.459284.1569

Abstract

Deprivation of some social rights stipulated in Article 26 of the Islamic Penal Law 2013, which is the main and secondary punishments, is applied for a certain period according to conditions, and according to Note 2 of the article, social rights will be returned to the convict after the expiration of these terms, but according to the same Note, some social rights, even after the expiration of the term, are not returned to the convict of secondary punishment. In this research, which was carried out in a descriptive and analytical method using library sources, it was observed that this approach is in conflict with some of the principles of the constitution and needs to be amended.

Keywords

Main Punishment

Supplementary Punishment

Secondary Punishment

Deprivation of Social Rights

Restoration of Dignity