Judicial procedure of Kermanshah province courts of appeal regarding the suspension of punishment

Document Type : Original Article

Authors

1 1- PhD student in Criminal Law and Criminology, Islamic Azad University, Kermanshah Branch, Kermanshah, Iran.

2 Assistant Professor of Criminal Law and Criminology, Islamic Azad University, Kermanshah, Iran

3 Department of Criminal Law and Criminology, Full Professor, Amin University of Law Enforcement Sciences, Tehran, Iran

Abstract

Despite the fact that the suspension of punishment is the recommendation of the new school of social defense in the late twentieth and early twenty-first century and can be used as a precise and effective tool for issuing fair sentences and solving the problem of crime, which is currently a major problem in societies. And limit the recurrence of the crime, but it seems that the courts have treated it very unkindly and there is no interest in its application by the courts. Therefore, examining the obstacles and problems in the implementation of the legal establishment of suspension of punishment, especially in the courts of appeal, is one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population.
The research method used in this research is applied in terms of purpose, descriptive-survey and documentary information collection method. The statistical population of this study includes the judges of the Court of Appeal of Kermanshah province
. They are in the second place in the application of suspension of punishment and in both formal and substantive conditions, the organizational and judicial dimensions and the executive dimension have the highest impact and the social dimension has the least impact on the process of legal establishment of suspension of punishment.

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 850-875

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