Acceptance of punishment in the criminal justice system

Subject Areas : Journal of Law and Politics

hamid ghorbanpur ¹ , seyad mohammad mehdi sadati ² , Ali jamadi ³

1 - PhD Student in Criminal Law and Criminology, Yasouj Branch, Islamic Azad University, Yasouj, Iran.
2 - Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran (Corresponding Author)
3 - Assistant Professor, Department of Criminal Law and Criminology, Yasouj Branch, Islamic Azad University, Yasouj, Iran.

Received: 2022-04-29 Accepted : 2022-06-11 Published : 2022-06-22

Keywords: Acceptability of punishment, practical justification of punishment, acceptance of punishment, sociology of punishment, judicial punishment,

Abstract :

Punishments are constantly changing due to their variable nature. The emergence of new punishments under the title of alternative punishments to imprisonment, as well as the provision of penal institutions in the legal systems of various countries, including Iran, confirms the change and expansion of new examples of criminal responses to crime. Among these, the acceptance of new criminal responses among judicial actors is of great importance; So that in case of non-acceptance of new punishments, the implementation of new approaches to punishment in law will be ineffective. Therefore, the acceptance of punishment and its acceptance among judicial actors effective in issuing and enforcing it is becoming increasingly important; Because in different stages from the determination to the execution of punishments, different actors play a role and the attitude of each of them can affect the punishment, the type or even the principle of its execution. For this reason, it is necessary to first carefully study the concept of "acceptability of punishment" and then to address the question of what are the components of punishment and recourse or non-recourse to the various stages of the trial, from the prosecution stage to the execution stage and execution of punishments? Correctional and compassionate punishments affect. Explaining these two issues can not only be useful in identifying the challenges ahead, but also can prevent the taste of judicial actors in sentencing by unifying the attitude based on the acceptability of punishment. The finding of this s