Sociological-Legislative Analysis of Criminal Policy of the Law on Reduction of Imprisonment, approved in 1399

Document Type : Original Article

Authors

1 Student of Criminal Law and Criminology, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

2 Assistant Professor of Criminal Law and Criminology, Department of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran

3 Criminal Law and Criminology, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

10.30510/psi.2022.309403.2438

Abstract

Imprisonment, regardless of its strengths and weaknesses, remains one of the main punishments in the legal systems of countries. Studies in the field of criminal law are evidence of the harmful effects of imprisonment, which in addition to the individual, negatively affects her family and society and incurs exorbitant costs. For this reason, lawmakers and criminal policymakers pay special attention to impunity, one example of which is imprisonment. The last legislative will in the subject law of Iran in this regard is the law on reducing the punishment of imprisonment, approved on 23/2/1399, which aims to balance the guarantee of criminal execution, strategies such as reducing imprisonment for some crimes, changing the rules of multiplicity, repetition and mitigation of punishment, The development of friendly institutions has been aimed at reducing the prison population. The analysis of the success of the legislature in this way as well as the study of the practical and executive dimensions of the measures taken by the legislator in order to de-punish this law has been examined in this article. Explaining the aspects and executive capacities of the law in order to reduce the judicial punishment, in practice, criticisms due to the legislator's lack of attention to the standards governing substantive criminal law and a form for hastening the adoption of the law were cited as examples and suggestions for the law will be amended and revised.

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