Iran's Judicial Criminal Policy on Alternatives to Imprisonment

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Khaksar Davood; GHOLAMI HOSSEIN

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2018 | Volume:6 | Issue:11 Page(s): 131-159

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Information Journal Paper

Title

Iran's Judicial Criminal Policy on Alternatives to Imprisonment

Author(s)

Khaksar Davood | GHOLAMI HOSSEIN | Issue Writer Certificate

Keywords

Criminal Policy

Judicial Criminal Policy

Imprisonment

Alternatives to Imprisonment

Abstract

The Iranian legislator seeking to avoid harms of Imprisonment and prison, through enacting the Islamic Penal Code in 2013, established new criminal concepts and dedicated a chapter to alternatives to Imprisonment. But these changes that reflect the legislative Criminal Policy, alone were not enough, and in order to achieve the result, the judicial Criminal Policy must also be coordinated with the new legislature's view. For the research to be applicable, the acquired sentences have been analyzed to demonstrate how legislative Criminal Policy has influenced judicial Criminal Policy. The findings of this study indicate that Iran's judicial Criminal Policy in relation to Imprisonment's alternatives, currently has a significant bias from legislative Criminal Policy. Such responses apply only to 6. 5% of all cases which are eligible to receive alternatives of Imprisonment. Analyzing the issued sentences demonstrates that some important variables such as the type of crime, age, gender, occupational and marital status of the perpetrators have not been accounted adequately; As such about three quarters of the sentences have allocated to fines alone (87 of 150 sentences). This fact can be attributed, first of all, to the lack of proper understanding of judges about the importance, necessity and goals of alternatives to Imprisonment, as well as executive problems and hardware deficiencies.

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APA: Copy

Khaksar, Davood, & GHOLAMI, HOSSEIN. (2018). Iran's Judicial Criminal Policy on Alternatives to Imprisonment. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 6(11 ), 131-159. SID. https://sid.ir/paper/269775/en

Vancouver: Copy

Khaksar Davood, GHOLAMI HOSSEIN. Iran's Judicial Criminal Policy on Alternatives to Imprisonment. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2018;6(11 ):131-159. Available from: https://sid.ir/paper/269775/en

IEEE: Copy

Davood Khaksar, and HOSSEIN GHOLAMI, “Iran's Judicial Criminal Policy on Alternatives to Imprisonment,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 6, no. 11 , pp. 131–159, 2018, [Online]. Available: https://sid.ir/paper/269775/en

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