Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Role of Tard's Three Laws in De-Imprisonment and the Imposition of Alternative Punishments in Iran's Criminal Law

Document Type : Original Article

Authors
Aliakbar Karami 1
Mohamadreza Shadmanfar 2
Norooz Kargari 3
1 PhD Student of Law Department, Emirates Branch, Islamic Azad University, Dubai, United Arab Emirates.
2 Assistant Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Science and Research Unit, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2025.470819.1617
Abstract
Iran's criminal law has made efforts in the direction of decriminalization and de-imprisonment during the last decade. Examining the foundations of these measures and in other words the impact of criminological theories on this policy is one of the important and debated issues. Based on this, the purpose of this article is to investigate the role of Gabriel Tarde's three laws in de-imprisonment and the introduction of alternative punishments in Iranian criminal law. Tard's theory has an effect on the role of imitation and learning in committing crimes. approach and imposing punishments instead of imprisonment. The Law on Reducing Ta'zizi Punishments approved in 1399 and before that the imposition of alternative punishments of imprisonment in the Islamic Penal Code approved in 1392 can be seen as the effect of Tard Laws on Iran's criminal laws. From the point of view of Tard's theory of prison punishment, due to reasons such as the criminality of the prison environment, the negative and psychological consequences of prison for prisoners, the imitative nature of human beings, it has an impact on crime. It is necessary to enhance the de-imprisonment policy.
Keywords
Tard's Three Laws
De-Imprisonment
Alternative Punishment of Imprisonment
Iranian Criminal Law

  • Receive Date 03 October 2024
  • Revise Date 19 December 2024
  • Accept Date 01 February 2025
  • Publish Date 22 June 2025