The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A comparative study of the evolution of protective and educational measures in Iran and England legal Systems

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
After passing through the period of punishment in the criminal justice system, which was characterized by intimidation and extremism, moving towards the new criminal justice system with emphasis on the concept of resocialization of criminals, in the framework of adopting protective and educational measures, was considered by criminal policy systems. . A matter that was first emphasized by the school of realism and gradually found newer dimensions with the development of concepts and examples. The new developments aim to reduce the focus on the concept of dangerousness, in order to socialize and rehabilitate actions that do not have a strict criminal description, and emphasize the resocialization and mental and physical rehabilitation of the criminal. Therefore, the development of social and restorative punishments promises theoretical and structural developments in the field of protective and educational measures, which considers it as a new type of social reaction against delinquency, along with punishment. Iran's legal system, with similarities to the English legal system, has to some extent gone beyond the basic concept of security measures and presented the direction of socialization through correction, treatment and rehabilitation of criminals as part of the social response to the crime phenomenon. has done In this regard, due to the change of views and structures, it becomes important to examine the types of security measures and the basis of their application, answer the question of what is the perspective of protective and educational measures, it is necessary to examine the institution of protective and educational measures and its changes over time with a view to the laws of Iran and England. Therefore, this important issue will be considered in the present article with an analytical-descriptive approach in order to provide a basis for the evaluation

Key words: protective and educational measures, precautionary principle, dangerous situation, resocialization, delinquency.
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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