The position of the acceptability of punishment in the process of penalizing the criminal justice system

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology; Islamic Azad University, Yasuj

2 Professor of Criminal Law and Criminology, Shiraz University

3 Azad islamic university . yasuj

10.30510/psi.2022.327123.3029

Abstract

Today, in the light of criminological and criminal studies, and also under the influence of comparative studies of the laws of other countries, the Islamic penal code and the procedure of criminal procedure have undergone a dramatic change. Among these developments is the change and expansion of new examples of criminal responses to crime. Changing the laws is only one dimension, but measuring the acceptability of these emerging punishments in the penal culture of the present society is a very important issue that in its absence, the implementation of new penal approaches in the law will remain incomplete. Therefore, the acceptance of the sentence and its acceptance among the judicial actors effective in issuing and enforcing it will show their will to apply these punishments. Because in different stages from the determination to the execution of punishments, different actors play a role and the attitude of each can affect the punishment and the type or even the principle of its execution. For this reason it is necessary to check that; What is the meaning of acceptability of punishment and what are its elements and characteristics, and also in different stages of the trial, from the pre-trial stage or prosecution to the stage of trial and execution of punishments, what are the components of punishment and recourse or non-recourse to correctional and lenient punishments?

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 2841-2858

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