The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Challenges arising from the conciseness of Islamic criminal law in the implementation of alternatives to imprisonment

Authors
hasan hajitabar firozjaee 1
hamid reza firozian haji 1
kiomars kalantari 2
1 Islamic Azad University
2 Mazandaran University
Abstract
 
Due to the relatively emerging issue of alternatives to imprisonment, the Iranian judicial system has always faced various legal challenges, as the case may be, in the process of determining or implementing them. Authors with analytical and library methods and with the knowledge of the wide range of legal challenges on the subject in terms of aspect and scope, only to a specific aspect and scope of legal challenges arising from the summary of laws in the execution phase of punishments Alternative to imprisonment in Iranian law, the results of which indicate that the challenging aspects of the summary of laws regarding the implementation of alternative punishments to imprisonment in the form of eight cases, respectively: Scope of Article 77 of the Penal Code in terms of type of punishment, compensation Physical damage inflicted on the convict against the punishment of free public services, the mechanism of monitoring the execution of punishment by the receiving institutions, obtaining security during the execution of punishment, determining the applicable punishment in case of impossibility of alternative punishment to imprisonment, conditions and scope of mitigation 483 of the Criminal Procedure Code, the lack of a guarantee of execution in case of committing an intentional crime during the execution of the sentence and the existence of an obstacle in the total of four hours of service of employees with their job, has been identified and has caused problems for the judiciary in practice.
 
Keywords
Punishment
Alternative to Imprisonment
Execution Stage
challenge
Concise code
1- Abazari Foumashi, Mansour. (1392). Modern Law Terminology. Volume one. Tehran: Shahid Dariush Noorollahi Publications.
2- Ashouri, Mohammad et al., (1398). Standards of Minimum Pre-Trial Detention in International Documents and Iranian Law, Quarterly Journal of Judicial Law Perspectives, Volume 24, Number 86.
3- Omidi, Jalil (2015), Interpretation of Law in Criminal Law, Tehran, Jangal Publications.
4- Beneficiary, Hamid, (1396). Detention policy in the system of determining the Islamic Republic of Iran, Strategy Quarterly, Volume 26, Number 82.
5- Beigi, Jamal (1387). "Income on Public Services as a Social Punishment", Journal of the Central Bar Association, Vol.
6- Tari, Danesh, Safaei, Hamidreza and Atashgah, Hamed (translator), (1396). Alternatives to imprisonment in England and Wales, Germany and Turkey. Tehran: Amount.
7- Attention, Abdul Ali. (1392). Pathology of the Islamic Penal Code approved in 1392. Tehran: Press and Publications Center of the Judiciary.
8- Jafari, Mohammad Hussein. (1392). Principles governing the interpretation of the Constitution in Iran and the United States, first edition Tehran: Majd.
9- A group of researchers (1426 AH). Under the supervision of: Hashemi Shahroudi, Seyyed Mahmoud, Farhang-e Fiqh according to the religion of Ahl al-Bayt (as). C. 3. Qom: The Encyclopedia of Islamic Jurisprudence Institute on the Religion of the Ahl al-Bayt (as).
10- Hajiatbar Firoozjaei, Hassan. (2014). Alternative Penalties for Imprisonment in Iranian Criminal Law, First Edition, Tehran: Ferdowsi.
11- Khaleghi, Ali (1393). Notes in the Code of Criminal Procedure, third edition. Tehran: Shahr-e-Danesh Institute for Legal Studies and Research.
12- Office of Legal Studies, Research Center of the Islamic Consultative Assembly. (1392). Legislative policy of the Islamic Republic of Iran in relation to imprisonment in the new Islamic Penal Code. Tehran.
13- Zareat, Abbas (1393). Brief Description of the Islamic Penal Code, First Edition, Tehran: Phoenix.
14- Seifi Mazandani, Ali Akbar. (1384). Investigations. C 5. First Edition. Qom: Teachers Association.
15- Minutes of the judicial session of Fars province, Zarrin Dasht city, on 3/30/1397 at the address of the website http: //www.neshasdoorg/home/get View date: 5/20/99
16- Minutes of the Judicial Session of Gilan Province, Amlash City, dated 11/21/1695, taken from the website: http://www.heshast.org View Date: 5/21/99
17- Tahmasebi, Javad (1394). Criminal procedure. Volume II. First Edition. Tehran: Amount.
18- Gholizadeh, Ahmad,. (1390). Dictionary of Terms of Principles of Jurisprudence. First Edition. Qom: Admiration.
19- Katozian, Amir Nasser (1380). Introduction to Law and Study in the Iranian Legal System. Twenty-eighth edition. Tehran: Anteshar Co.
20- Goodarzi, Mohammad Reza and Meghdadi, Leila (2005). Modern criminology or social punishments. First Edition. Tehran: Majd Publications.
21- Mohaqeq Hali, Sheikh Najmuddin Abu Al-Qasim Ja'far bin Hassan, (1403 AH). Maarij al-Osul. First Edition. Qom: Al-Bayt Institute (AS).
22- Muzaffar, Mohammad Reza, (Bita). Principles of jurisprudence. C 1. Fifth Edition. Qom: Ismailis.
23- Maghsoudi Malmiri, Abdolkarim, (1393). Challenges of Alternative Punishment to Imprisonment in the Islamic Penal Code 2013, Master Thesis in Criminal Law and Criminology, Islamic Azad University, Taft Branch.
24- Walidi, Mohammad Saleh, (1393). Description of the requirements of the Islamic Penal Code (in comparison and application with the previous law), third edition, Tehran: Jangal Publications.