نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
New theories and perspectives of criminology, penal science, and criminal sociology, which are largely based on the reform and rehabilitation of criminals, have created very favorable effects on criminal law, which was previously based solely on intimidation, punishment, and deterrence. While expressing the undesirable effects and results of imprisonment, they have attempted to establish a strong link between pure punishment and deterrence with the rehabilitation and reform of criminals, so that they can, while expressing new methods of punishment, be effective in establishing social order and security and preventing the commission of criminal behavior. In 2013, following most legal systems in the world, the legislator of the Islamic Republic of Iran dedicated Chapter 9 of Part Two of the Islamic Penal Code to alternative punishments to imprisonment. However, in the course of practice and consideration of the outcome of the judgments issued by the courts, it has been realized that these alternatives have not yet been able to play a useful and constructive role in determining the punishment of criminals, and the courts have not shown much willingness to use them and still prefer to use traditional alternatives such as suspension of punishment, fines, and conditional release. The reason for not using these institutions is partly related to the law or is due to the implementation of supervision over them or is related to the government and the judicial system of the country, which can generally be examined in three categories of legislative, executive, and judicial challenges. What we are trying to say in this article is merely to point out some of the most important legal challenges related to the new alternatives from Articles 64 to 87 of the Islamic Penal Code approved in 2013.
کلیدواژهها English