Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

Executive challenges of the institution of monitoring electronic systems in Iran's criminal justice system with a look at the judicial procedure

Document Type : Original Article

Authors
Gholam Hassan Kooshki 1
Amir Poostchi 2
1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.
2 MSc Student of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran
10.22034/jclc.2024.452969.1995
Abstract
Due to the need to update the regulations of the countries, in 2012, the legislator introduced the new institution of electronic monitoring in Article 62 of the Islamic Penal Code into the criminal justice system of Iran. Imprisonment strives to achieve the goals of punishments, including prevention of recidivism. Electronic monitoring is a set of processes that are applied by the competent judicial authority in order to control and the availability of users in the environment outside the prison using electronic equipment through electronic binding. In this article, its structural-executive challenges have been pointed out by descriptive and analytical methods and by using interviews with the agents of this space. Existence of structural challenges, including ambiguity in the issuing authority for monitoring electronic systems and decision-making quality, and implementation challenges, including the lack of transparency in the operation of the mentioned equipment, as well as the lack of clarity in the concept of monitoring officers and overlapping duties with judicial officers, the high costs of producing these equipments, and as a result The security deposit for the users of these systems is mentioned in order to guarantee compensation, the possibility of violating the court decision regarding the said decision and also the lack of guarantee of correct implementation.
Keywords
Electronic monitoring
electronic equipment
Electronic bracelet
Alternative to imprisonment
Parole
-  Aramfar, Shahin. "Criminal Security Measures Coupled with the Necessity of Obtaining the Defendant's Consent." Master's thesis, Tehran: Allameh Tabatabai University, 2019.( in Persian)
-  Ashouri, Mohammad. Alternatives to Prison or Intermediate Punishments, 3rd edition, Tehran: Jahesh, 2022. ( in Persian)
-  Bari, Mojtaba. "Explaining the Role of Criminal Security Measures and Judicial Oversight." Tehran: Jungle, 2016. ( in Persian)
-  Beccaria, Cesare. On Crimes and Punishments. Translated by Mohammad Ali Ardabili. Tehran: Mizan Publishing, 1998. ( in Persian)
- Ehsanpour, Seyyed Reza. "Electronic Control of Defendants and Offenders." Quarterly Legal Journal of Gavaah, No. 1, (2022). ( in Persian)
- Ehsanpour, Seyyed Reza. "Electronic Monitoring." Journal of Reform and Education, No. 79 and 80, (2008). ( in Persian)
- Foroughi, Fazlollah and Amir Irani. "Comparative Study of the Identification and Implementation of Electronic Monitoring in Iranian and American Criminal Law." Journal of Comparative Legal Studies, No. 2, (2016). ( in Persian)
-  Habib parvin , Karim. Electronic Monitoring in Iranian and British Criminal Law. Tehran: Mizan, 2022. ( in Persian)
-  Khaleghi , Ali. Criminal Procedure Law. Tehran: City Knowledge Legal Studies and Research Institute, 2020. ( in Persian)
-  Khaleghi , Ali. Notes on the Criminal Procedure Law. Tehran: City Knowledge Research , 2023, ( in Persian)
- Koushki , Gholam Hasan . Criminal Procedure Law. Tehran: Jihad University, 2021.                 ( in Persian)
-  Lazerzh , Christian . Criminal Policy. Translated by Ali Hossein Najafi Abirandabi. Tehran: Yalda Publishing, 1996. ( in Persian)
 - Moazzen Zadegan , Hasan Ali, and Mohsen Moradi Oujghaz. "A Study of Alternatives to Imprisonment through Judicial Opinions." Tehran: Mehr-e-Kalam, 2021. ( in Persian)
- Moazzen zadegan , Hasan Ali. The Corona Crisis and Electronic Criminal Procedure. Tehran: Allameh Tabatabai University, 2022. ( in Persian)
  - Najafi Abrand Abadi , Ali Hossein. Criminology. Tehran: Majd, 2023. ( in Persian)
 - Saffari , Ali. Criminology: Transformations, Foundations, and Imprisonment Executions. Tehran: Jungle, 2022. ( in Persian)
 - Tadayyon , Abbas. "Electronic Monitoring: A Step Towards Alternatives to Imprisonment." Legal Journal of Justice, No. 64, (2008). ( in Persian)
- Tahmasebi, Javad. Criminal Procedure Law: Execution of Judgments. Tehran: Mizan, 2019.
( in Persian)
Journal of Criminal Law and Criminology
Volume 12, Issue 24
March 2025
Pages 97-128