In 2013, Iran's legislative body took great steps forward by approving the Islamic Penal Code and the Criminal Procedure Code, one of which was the prediction of electronic surveillance system to monitor the accused and convicted outside the prison environment. According to Article 63 of the Islamic Penal Code and Article 557 of the Criminal Procedure Law, the organization of prisons and security and training measures was obliged to prepare the executive regulations of this institution within six months and get it approved by the head of the judiciary, but for several reasons, delayed until on 2018/07/02, this task was realized. Since the implementation of this friendly institution, different challenges have appeared on its way, one of the main ones being judicial challenges.
The most basic judicial challenges facing this institution are: the feasibility of determining the range of movement of convicts beyond the limit specified in the relevant instructions, the lack of use of monitoring measures and surveillance orders in judges' sentences, ambiguity in Note 2 of Article 62 of the Islamic Penal Code, electronic monitoring for convicts listed in the Anti-Narcotics Law that have imprisonment for more than five years, the application of electronic monitoring after the verdict is final and before the convict is sent to prison, the ambiguity in the phrase " conditions in Adjournment of judgment under intensive probation " in Article 62 of the Islamic Penal Code. In this research, while proposing different opinions, an appropriate solution should be presented