Theoretical foundations of the suspension of the execution of punishments in Iranian law

Document Type : Original Article

Authors

1 PhD student, Department of Law,Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

2 Department of Law,Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

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

Abstract

The institution of suspension of execution of punishment is a tool for the policy of individualization of punishment and correction of the offender, so what should be considered by the court for the implementation of this institution is the personality of the offender and the effect of punishment on him and the type of crime should not play a role. It is possible for an offender to accidentally commit forgery or embezzlement, but his danger is far less than that of a simpler crime; Therefore, the exception of some punishments and the non-inclusion of suspension of punishments towards them is not free from criticism. There are also more severe punishments in the criminal law that the legislator has prohibited the suspension of their implementation and the reason for choosing the punishments mentioned in Article 47 of the Islamic Penal Code of 1392 has no clear and precise basis and may be due to the danger of these crimes and problems for society. . Courts are sometimes free to reduce and suspend sentences to correct and reinstate the accused. Fortunately, with the passage of the Law on Reducing the Punishment of Imprisonment in 1399, many restrictions on the suspension of some crimes were lifted, and the legislature has moved toward a policy of individualizing punishments and expanding the powers of the courts.

Keywords

Political Sociology of Iran
Volume 5, Issue 9
November 2022
Pages 327-345

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