The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Limitation of the Scope of Imprisonment under the Law on Reduction of Discretionary Imprisonment

Document Type : t

Author
nariman fakheri
payamenoor univercity
10.22034/jlvi.2025.2044866.1262
Abstract
The failure of the reform and rehabilitation programs of prisoners has caused the penal systems to tend to limit the cases and the scope of imprisonmentand take measures to avoid the disadvantages of imprisonment. The law on reducing the punishment of discretionary imprisonment, enacted in 2020is one of the last legislations in Iran for this purpose.  The primary focus of this study is to evaluate the extent to which this law has achieved its objectives of reducing reliance on imprisonment and limiting its scope.
Using a theoretical and fundamental approach, along with descriptive and analytical legal methods, and drawing on principles of penology, this study assesses the aforementioned law. Reducing the degree and duration of punitive imprisonment, converting it to alternative punishments tailored to the offender’s circumstances, and suspending the execution of imprisonment are among the methods employed by the Law on Reduction of Punitive Imprisonment.However, in some instances, the legislature has deviated from the goal of reducing imprisonment by addressing the reduction and conversion of other punishments, such as changing permanent dismissal to temporary dismissal and converting flogging to fines. Furthermore, contrary to the policy of decriminalization, the law has extended supplementary punishments, previously applicable to first- to sixth-degree discretionary offenses, to other discretionary offenses. 
Keywords
decriminalization
reduction of imprisonment
conversion of imprisonment
suspension of imprisonment
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  • Receive Date 03 November 2024
  • Revise Date 12 April 2025
  • Accept Date 12 May 2024