Principles and manifestations of the principle of minimization of the penal system in Iranian law

Document Type : Original Article

Authors

1 Department of Criminal Law and Criminology, Ayatollah Amoli Branch, Amol, Iran

2 Department of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran

3 Department of Law, North Non-Profit University, Amol, Iran

10.30510/psi.2022.316591.2671

Abstract

The movement of the legislature and the judiciary in Iran in the last decade in order to reduce the burden of the criminal justice system and prevent the congestion of lawsuits and the frequency of referrals to judicial authorities in the form of balancing and de-escalating penalties and harmonizing laws and regulations with current findings. This indicates the need to make minimal use of the criminal justice system and to review enforcement guarantees and to diversify accountability for crime. The principle of minimization as a suitable solution for managing the process of prevention, control and fight against crime and its perpetrator through the propositions of eliminating the factors of increasing the criminal population and expanding decriminalization and presenting crime prevention measures and reforming the criminal system through Expanding sentencing and sentencing is a positive step. This policy has been considered by the Iranian legislature in such a way that with the approval of the Islamic Penal Code and the Code of Criminal Procedure in 1392 and the Law on Reducing the Punishment of Imprisonment in 1399 and the Judicial Transformation Document of the Judiciary in 1399 by providing various measures and changes In substantive and formal law, its real will to join this movement in the form of standardizing punishments with the social, economic and cultural realities of society and enhancing the capacity of public institutions and

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 96-118

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