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Humanities
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New legal studies
Criminological analysis of postponing the issuance of a sentence with an approach to the Islamic Penal Code 2013
Volume 4, Issue 2, 2022-2023, Pages 43 - 63
1 Master’s degree graduate of Islamic Azad University, Tasouj branch
Abstract :
One of the objectives of criminal policy makers is to rehabilitate and reform criminals in order to prevent recidivism. postponing the issuance of a sentence reduces the possibility of being labeled as a criminal after reforming and treating the offender. The institution of postponing the issuance of a sentence has been recognized in the light of criminologists’ thoughts. Delaying the issuance of a criminal sentence will allow the criminal to be in the center of society and family and will have the opportunity to become a law-abiding citizen. In this institution, punishment is the last tactic to fight criminals. The philosophy of the rule of postponement of sentencing is based on the theory of labeling so that the label of guilt is not attached to accused persons. Postponing sentencing as one of the criminal reform measures has a close relationship with criminology and has a tendency to support criminals and correct their behavior and make a decision appropriate to the needs of the crime. This institution is provided for the first time in the Islamic Penal Law approved in 2012 and has no legislative history in Iran. According to this new institution, it is clear that the legislator has thought that it might be better to postpone the execution of sentences in some cases and not to implement this punishment. Unless, based on articles 44 and 45 of the Islamic Penal Code of 2012, the convicted person does not conform to the conditions that have been set by the legislator and the court for his use of adjournment and takes steps against what has been established for him. In connection with these changes, it should be stated that the goal of the legislator is that in various topics of criminal law (especially the rules governing punishments) by adopting a reformist approach while respecting the interests of the criminal, defend the society against the criminal phenomenon.
One of the objectives of criminal policy makers is to rehabilitate and reform criminals in order to prevent recidivism. postponing the issuance of a sentence reduces the possibility of being labeled as a criminal after reforming and treating the offender. The institution of postponing the issuance of a sentence has been recognized in the light of criminologists’ thoughts. Delaying the issuance of a criminal sentence will allow the criminal to be in the center of society and family and will have the opportunity to become a law-abiding citizen. In this institution, punishment is the last tactic to fight criminals. The philosophy of the rule of postponement of sentencing is based on the theory of labeling so that the label of guilt is not attached to accused persons. Postponing sentencing as one of the criminal reform measures has a close relationship with criminology and has a tendency to support criminals and correct their behavior and make a decision appropriate to the needs of the crime. This institution is provided for the first time in the Islamic Penal Law approved in 2012 and has no legislative history in Iran. According to this new institution, it is clear that the legislator has thought that it might be better to postpone the execution of sentences in some cases and not to implement this punishment. Unless, based on articles 44 and 45 of the Islamic Penal Code of 2012, the convicted person does not conform to the conditions that have been set by the legislator and the court for his use of adjournment and takes steps against what has been established for him. In connection with these changes, it should be stated that the goal of the legislator is that in various topics of criminal law (especially the rules governing punishments) by adopting a reformist approach while respecting the interests of the criminal, defend the society against the criminal phenomenon.
Keywords :
criminology, rehabilitation and correction of criminals, postponing the issuance of a sentence , institution, punishment
criminology, rehabilitation and correction of criminals, postponing the issuance of a sentence , institution, punishment
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2024/06/02
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