The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Developments in Security and Corrective Measures in Iranian and English Law

Document Type : Research/Original/Regular Article

Authors
1 PhD student in Criminal Law and Criminology, Islamic Azad University (Central Tehran Branch), Tehran, Iran
2 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
Moving beyond the retributive era of criminal justice—characterized by deterrence and punitive severity—modern criminal justice systems have shifted their focus toward the "re-socialization" of offenders through the implementation of security and corrective measures. Recent developments have moved away from the traditional focus on the concept of "dangerousness," seeking instead to socialize and implement restorative measures that lack a purely punitive character, emphasizing the offender's re-socialization and psychological/physical rehabilitation. Consequently, the expansion of community-based and restorative sanctions signals theoretical and structural shifts in the realm of security and corrective measures, positioning them alongside traditional punishment as a distinct form of social reaction to delinquency. The Iranian legal system, sharing similarities with English law, has partially evolved from the primitive concept of security measures, moving toward a framework of re-socialization through the reform, treatment, and restoration of offenders as part of the societal response to crime. In this light, evaluating various types of security measures becomes crucial due to changing perspectives and legislative structures. To address the question of the future outlook for security and corrective measures, it is essential to analyze the evolution of this institution over time within the legal frameworks of both Iran and England. This study adopts a descriptive-analytical approach to provide a basis for evaluating this legal institution and its developmental trajectory.
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Volume 30, Issue 111
Summer 2025
Pages 249-271

  • Receive Date 09 March 2024
  • Revise Date 01 October 2024
  • Accept Date 20 August 2025