The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Legal and Executive Mechanisms in the Prevention of Imprisonment Resulting from Financial Conviction In Iranian and English Law

Document Type : p

Authors
1 Islamic Azad University
2 assistant professor, law ,islamic azad university,Isfahan (khorasgan)branch,Isfahan,iran
Abstract
Evolutions of Iran's criminal system in relation to the deprivation of freedom of financial convicts has been caused by the country's legislative system focusing on jurisprudential institutions such as essar and malate; But these developments in the English penal system are rooted in the increase in the scope of imprisonment and the development of the prison system in England in the 18th century. A comparative study in the field of deprivation of liberty due to financial convictions in two different criminal systems such as Iran and Englan identifies the weaknesses and strengths, approaches, advances and flexibility of the criminal justice system in each country in the same issue. Therefore, while analyzing the evolution and development of the regulations resulting in the deprivation of liberty of financial convicts in Iran and England, it is possible to reach the important point that in the global developments of law in recent years, what facilities are used as alternatives to deprivation of liberty for financial convicts in criminal policy of Iran and England are defined. Regarding the payment of the debt to the private claimant, Iran's criminal policy does not have an independent tool at its disposal, and it is inevitable to refer to the generality of the rules of forfeiture. However, in English law after the 19th century, a mechanism has been recognized in which the debtor, during the deprivation of freedom, engages in activities for several months, outside of prison, in order to serve the creditor and pay the debt.
Keywords

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    • Simpson, J., & E. Weiner (2005), Oxford English Dictionary (3rd Ed.), Oxford University Press.
    • Lines, L. (2017), Debtors and Creditors Explained, accountsandlegal.co.uk
    • Insolvency Act (1986 s) 122(1)(f) Report of the Review Committee on Insolvency Law and Practice (1982) Cmnd 8558.
    • Chisholm, H. (ed.) (1911), “Attach law”, Encyclopedia Britannica, 30 (12th), London & NewYork
    • Gov, UK. (2015), Insolvency Proceedings: Debt relief orders and the bankruptcy petition limit (PDF). Gov.UK. Retrieved 12 May 2015.
    • Gov, UK. (2017), Rescue deal saves jobs at debt management firm. Insider Media Ltd, Retrieved, 2017-12-06.
    • Grier, W.S. N. (2014), “Bankruptcy in Scotland: Past, Present, and Future”, Scottish Parliamentary Review, No. 2 [Edinburgh: Blacked Avenue Press].
    • British Household Indebtedness and Financial Stress: A Household -Level Picture [PDF] Quarterly Bulletin, Personal Sector Articles, Winter 2004 (Report for Bank of England).
    • Gov, U.K. (2018), “Guide to Bankruptcy”, UK, Archived from the original on 17 February 2018. Retrieved 7 May 2018.
    • Oxford Advanced Learners' Dictionary (2015), 9th Edition Oxford
    • https://www.stepchange.org/debt-info/your-rights/can-you-go-to-prison-for-debt.aspx
    • https://www.en.wikipedia.org/wiki/Attachment_(law).

  • Receive Date 11 September 2022
  • Accept Date 27 February 2024