Challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Nizamuddin Payami ¹ , Vahid Zarei Sharif ² , Amir Reza Mahmoudi ³ , Atefeh Lorkojuri ⁴

1 - Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 - Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
3 - Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
4 - Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.

Received: 2021-12-24 Accepted : 2022-04-22 Published : 2022-02-20

Keywords: Localization, challenge, guarantee of criminal executions, community-based punishments,

Abstract :

The aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punishments that are applied and executed in line with participatory criminal policy in the context of society, not in government institutions and institutions such as prisons and similar institutions. With the increase in the criminal population of prisons and the inefficiency of imprisonment, many efforts have been made in the form of various policies, which can be considered the emergence of community-based punishments as the most obvious of these efforts, which was approved by the Islamic Penal Code on 1/2/2013. Findings. The findings of the study show that community-based punishments face challenges in practice. These challenges are: ; Conflict of the obligation to obtain the consent of the convict and trial in absentia as provided in Article 406 of the Code of Criminal Procedure with Articles 65, 66 and 68 of the Islamic Penal Code; The possibility of issuing two types of public service punishments, the note of Article 64 and Note 3 of Article 84 of the Islamic Penal Code are in conflict with paragraph "d" of Article 23 of the Islamic Penal Code and the specification of Note 2 of this article. Lack of proper structure for coordination between the judiciary and the receiving institutions; And legislative challenges following sentencing 2. Cultural barriers, including: traditionalist judges; The punitive attitudes of the masses; Cultural delay; Lack of adequate manpower. 3. Political barriers that include: ideology and political culture and strictly unscientific criminal policy. Overall Conclusion: Research findings show that the implementation of community-based punishments faces three legal, cultural and political challenges. are