Study of Institution Judicial Exemption from Punishment in Criminal Law of Iran

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

masoud Fadaei Dehcheshmeh ¹ , Asal Azemeyan ² , amir Soleymani ³

1 - Faculty of Humanities, Shahroud Branch, Islamic Azad University, Shahroud, Iran
2 - Faculty Member, Department of Law, Faculty of Humanities, Shahroud Branch, Islamic Azad University(IAU), Shahroud, Iran
3 - Faculty of Humanities, Shahroud Branch, Islamic Azad University, Shahroud, Iran

Received: 2021-02-13 Accepted : 2021-06-21 Published : 2021-08-23

Keywords: ", taaziry offenses", punishment", mitigation measures", judicial exemption", plaintiff pardon", , ", suspension of prosecution",

Abstract :

One of the innovations of the new Islamic Penal Code in the matter of mitigation is exemption from punishment in the seventh and eighth degree punishment mentioned in Articles 19 and 39 of the new Islamic Penal Code. In above-mentioned crime'articles , with presence mitigating circumstances, if the court finds after conviction that the perpetrator will be corrected by not serving the sentence. In the absence of an effective criminal record and the plaintiff's pardon and compensation for damages or arrangements for compensation can be issued a sentence of exemption from punishment, According to this article, the exemption sentence, although in Article 727 of the 1370 Law, referred to the waiver of punishment if the private plaintiff pardoned. But discount is one of the innovations of the new law In fact, this article is a kind of attention to the status of prosecution in French law.In Iranian law, the court and not the prosecutor has the right to Exempt punishment if there are conditions reflected in thethat article , recognizing the perpetrator's correction, the private plaintiff's pardon, lack of an effective criminal record, compensation for damages, or establishing an order for compensation.Such an option in the form of suspension of prosecution, former is repeated in Article 40 of the Code of Judicial Procedure 1290, amended in 1352 And Article 22 of the Law Amending Some Judicial Laws on Misdemeanor CrimesThe institution of suspension of prosecution has now been given to the prosecutor in Article 81 of the Code of Criminal Procedure adopted in 1394. This research has been done in the form of a library-documentary that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources.