Deferment of sentence, minimal intervention; individualization of punishment with comparative perspective

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Fathabadi Hossein; MAHDAVI SABET MOHAMMAD ALI; ASHOURI MOHAMMAD; MAHRA NASRIN

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Journal: JOURNAL OF LAW AND POLITICS Year:2019 | Volume:16 | Issue:41 Page(s): 51-78

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Title

Deferment of sentence, minimal intervention; individualization of punishment with comparative perspective

Author(s)

Fathabadi Hossein | MAHDAVI SABET MOHAMMAD ALI | ASHOURI MOHAMMAD | MAHRA NASRIN | Issue Writer Certificate

Keywords

deferment of sentenceQ1

minimal interventionQ1

correction of offenderQ1

accusationQ1

Abstract

Criminal Justice Management, with a human rights and participatory approach, while maintaining restorative perspective in process of crime control, seeks to reduce criminal population, files density and the costs of criminal justice. Therefore, when prosecution, sentencing or punishment is not necessary, granting a offender an opportunity to reform, treatment and rehabilitation and criminal act committed is not serious and important, the criminal policy, minimal intervention and criminal tolerance is taken. Our country, meanwhile, has not far from change and evolution, adapted from the countries of France and the United Kingdom, based on the necessities and findings of criminal law, including alternative sentences (especially short-term imprisonment) in approving criminal laws paying attention to advocacy and given opportunity institutions such as suspension of prosecution. In the course of legal changes, with approved the Islamic Penal Code and the Penal Procedure Code of 1392, in addition to the changes in the institution of suspending the execution of punishment, while paying attention to institutions such as deferment, suspension or non-prosecution, are based on the "criminal leniency" approach of new institutions such as deferment to sentencing, archiving file, and so on. The deferment of sentencing institution is connected with many criminal policy concepts, such as: human dignity, individualization of criminal justice, expediency, DE penalization, restorative justice, circuit victim and offender, and so on.

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APA: Copy

Fathabadi, Hossein, MAHDAVI SABET, MOHAMMAD ALI, ASHOURI, MOHAMMAD, & MAHRA, NASRIN. (2019). Deferment of sentence, minimal intervention; individualization of punishment with comparative perspective. JOURNAL OF LAW AND POLITICS, 16(41 ), 51-78. SID. https://sid.ir/paper/127744/en

Vancouver: Copy

Fathabadi Hossein, MAHDAVI SABET MOHAMMAD ALI, ASHOURI MOHAMMAD, MAHRA NASRIN. Deferment of sentence, minimal intervention; individualization of punishment with comparative perspective. JOURNAL OF LAW AND POLITICS[Internet]. 2019;16(41 ):51-78. Available from: https://sid.ir/paper/127744/en

IEEE: Copy

Hossein Fathabadi, MOHAMMAD ALI MAHDAVI SABET, MOHAMMAD ASHOURI, and NASRIN MAHRA, “Deferment of sentence, minimal intervention; individualization of punishment with comparative perspective,” JOURNAL OF LAW AND POLITICS, vol. 16, no. 41 , pp. 51–78, 2019, [Online]. Available: https://sid.ir/paper/127744/en

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