Standardization of punishment mitigation management in Iranian law and how to apply it

Document Type : Original Article

Authors

1 PhD Student in Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

2 Full Professor, Razi University, Department of Law, Razi University, Kermanshah, Iran

Abstract

The main purpose of establishing legal mitigation of punishment from the beginning until now is in line with the principle of individualizing punishments and correcting and rehabilitating offenders and preparing them to enter society and prevent recurrence of crime and keep non-professional offenders away from professional offenders in prison. It also reduces the burden on prisons and avoids miscellaneous costs without social benefits. Achieving this goal will not be achieved except with the approval of appropriate laws and the accurate and correct implementation of the mentioned laws by the judges of the courts of first instance, appellate courts and execution judges. In the meantime, the method used by judges in applying mitigation rules and commutation of punishments in various cases has been discussed in such a way that in many courts in Iran, various procedures are applied in this regard, which causes public concern. And it has confused the people and the jurists. Therefore, by examining the obstacles and problems in the implementation of the legal establishment of mitigation of punishment, one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population is mitigation of punishment. The main question posed in this article is how to reduce the standard and appropriate conditions for correction and rehabilitation of criminals and increase their skills to return to society on the one hand, and reduce the financial and psychological costs of imprisonment by establishing a legal punishment. On the other hand?

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 252-273

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