The Impacts of New Penology Effects on Iran's Criminal Justice System; with a Look at Jurisprudential Teachings

Subject Areas :

Ali Davoudi Salestani ¹ , Seyyed Hossein Hashemi ² , shahrdad darabi ³

1 - Department of Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 - Associate Professor of Criminal Law and Criminology, Faculty of Law, Qom, Iran.
3 - Assistant Professor of Criminal Law and Criminology, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran.

Received: 2020-10-19 Accepted : 2020-10-19 Published : 2020-10-19

Keywords: criminal justice system, New Penology, Crime Risk Management, Jurisprudence Risk Criterion,

Abstract :

New Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In the field of jurisprudence, punishments have been discuss in the context of jurisprudence, qesas, diat and ta'zir; since in our society most offenses are of the ta'zir type, so there is a good jurisprudential capacity to adopt a new dual criminality policy in order to avoid .this path can be applied to the cost-benefit management model. Our research has shown that the Iranian criminal justice system has been trying to adopt an approach to avoiding the enormous costs of imprisonment since the year 2013 by adopting the general principles of Islamic penal law and applying risk criteria in the system of punishment ratings and incorporating social punishments into the legal literature. . A change that, despite its inherent functionalism, faces challenging aspects such as populism and security is in the interpretation of ris