Evaluation of the law on reducing the punishment of imprisonment from the point of view of risk-oriented criminal policy

Document Type : Original Article

Authors

1 Master's degree in Criminal Law and Criminology, Faculty of Law, Tirana Branch, Islamic Azad University, Isfahan, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Tirana Branch, Islamic Azad University, Isfahan, Iran

Abstract

Today, theoretical views and practical requirements have caused modern management ideas to create many changes in various aspects of human social life. It can be boldly claimed that the concept of crime is one of the concepts that is constantly changing, and this has forced the criminal justice system to provide new management solutions to control the rate of crime. Crime risk assessment and management, which came to the attention of criminal policymakers after the fall of the theory of reform and treatment of punishments, is a new approach in criminal sciences, the emergence of which has had significant effects on criminal justice systems. This approach, with the aim of removing the power of crime and increasing social security, has left many effects in the practical areas and policies of contemporary criminal justice. Today, following the practical necessities governing criminal policies, the current orientation of Iran's criminal system, in order to reduce the amount of delinquency through management methods, has led to the mentioned approach. In this regard, the classification of punishments, the application of alternative punishments of imprisonment, the semi-freedom system, etc., are among the important measures of the Criminal Code approved in 2013 in determining the punishment. Therefore, the law on reducing the punishment of imprisonment approved in 2019 as the last will of the criminal policy makers, was approved by the Islamic Council with the introduction of fundamental reforms in the Criminal Code. Therefore, the following article will follow the parameters of the risk-oriented criminal policy in the said law with descriptive-analytical method. The findings indicate that the platforms for the implementation of crime risk management in this law are facing a challenge and the lack of a specific theoretical basis in determining the punishment is the most important problem.

Keywords

References

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Journal of Criminal Law and Criminology
Volume 11, Issue 22
March 2024
Pages 39-68

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