Criminal Law
eshagh rasuli amirhajlu; Shahram Ebrahimi; fazl allah forughi
Abstract
Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, ...
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Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, especially for minor crimes and criminals without a criminal record; but its implementation in practice faces several judicial and operational challenges. In this paper, the judicial and operational challenges of decarceration are examined in light of court rulings, using an analytical-descriptive method. The obtained findings indicate that the most important identified challenges are the frequency of criminal cases, sustainable incarceration-oriented culture among judges, lack of proper infrastructure, unprepared accepting bodies and the society incarceration-centred public culture, respectively. Some of the proposed solutions to cope with the current situation are: Changing the culture of incarceration among judges by providing a proportionate execution guarantee; increasing the supreme judicial authority’s attention to the equipment needed to implement this policy in such a way that the statistics-oriented procedure of the judiciary does not distort the decarceration policy; monitoring the performance of judges in terms of adherence to macro-judicial policies in the field of community-based punishments; real and continuous monitoring of how to file Personality Record; improving the level of knowledge of judges by holding continuous training courses; upgrading the level of hardware and software facilities for applying non-custodial sentences and increasing the awareness of relevant institutions, regarding their rights and duties and reforming the culture of public punishment.
Mohammad Rezvani; Mazaher khajevand; Hamed Safaei Atashgah
Abstract
Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family ...
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Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family stability of a criminal and on the other fosters the gradual reform of the criminals. With the proliferation of the culture of law-orientation and presenting modern theories about penal philosophy by the experts in criminology in the twentieth century, jail is identified as a punishment and various law systems have tried to mitigate the negative consequences of jail by just using jails as a punishment for the criminal without hurting their families. The question author s focus on is what semi liberty is on the basis of crime justification? And where the system is situated in the criminal policy? Semi-liberty system is the system which can be studied from a deontological and utilitarian perspective with an emphasis on crime justification. In other words, penal codes of modern systems take advantage to punish and reform delinquents in a way that they have least distance from the society. Thus, in line with the penal codes of advanced countries, Iran's penal code system has allocated the seventh section of Islamic penal code to semi-liberty since 2014. According to the related literature, this paper is aimed at studying the semi-liberty system and different aspects of it within the penal policy of Iran.
Amir Hasan Niazpour
Abstract
Prison sentences is important response of criminal policy.It usually used for incapacitation of offenders or deterence.But,prison sentences use for rehabilitating criminals,now.prisoners classification is correction of metodes with it recognize in Iranian criminal policy.The article concerns the ...
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Prison sentences is important response of criminal policy.It usually used for incapacitation of offenders or deterence.But,prison sentences use for rehabilitating criminals,now.prisoners classification is correction of metodes with it recognize in Iranian criminal policy.The article concerns the issue at prisoners classification and approach Iranian criminal policy in this context.
