The Law on Reducing the Punishment of Penal Servitude Approved in 2019 in the Light of the Criminal Policy of De-Imprisonment with Emphasis on Iranian Criminal Law and International Documents

Salehi, Ali; Janipour, Karam; Janipour, Ali

The Law on Reducing the Punishment of Penal Servitude Approved in 2019 in the Light of the Criminal Policy of De-Imprisonment with Emphasis on Iranian Criminal Law and International Documents

Document Type : Original Article

Authors

Ali Salehi ¹

Karam Janipour ²

Ali Janipour ³

¹ PhD Student in Criminal Law and Criminology, Department of Law, Yasuj Branch, Islamic Azad University, yasuj, Iran.

² Assistant Professor, Department of Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran. (Corresponding Author)

³ Assistant Professor, Department of Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran.

Abstract

In order to reduce the criminal population and eliminate punishment, the legislator passed the Law on Reducing Penalty in 2010. This law is being discussed and examined from various angles. One of the issues regarding the law in question is the criminal policy of the legislator in this regard. Accordingly, the aim of the present study, which was compiled using a descriptive-analytical method and library tools, is to explain the criminal policy of eliminating imprisonment in the aforementioned law in light of Iranian criminal law and international documents. The findings of the present study show that despite the challenges in legal aspects, the Law on Reducing Penalty has diverse effects, most of which are in line with international standards in the human rights space. However, the important issue is the lack of localization and attention to social and cultural structures in designing the law. In fact, merely paying attention to human rights norms and standards without considering the necessities and structures of the criminal justice system not only does not help reduce and prevent the occurrence of crimes, but also creates dissatisfaction and reduces the decisiveness and deterrence of criminal law norms.

Keywords

Law on Reducing the Penalty of Imprisonment

Criminal Policy

De-Incarceration

Human Rights Standards