خلاصة:
The semi-liberty system is one of the alternatives to imprisonment that entered the Iranian criminal law system in 2013 with the approval of the Islamic Penal Code. The research reported in the present writing, with the aim of explaining the challenges and causes of the inefficiency of the conditions of the semi-liberty system, through conducting interviews with 30 experienced judges from various cities of the country and analyzing a number of rulings from criminal courts indexed in the judicial rulings system, examines the status of the semi-liberty system in Iranian criminal law. This study shows: criminal courts, due to the lack of necessary infrastructure and the emergence of challenges in the implementation conditions of the semi-liberty system, rarely issue rulings based on the semi-liberty system. Obtaining the consent of the convict, obtaining an undertaking from the convict, the necessity of the finality of the defendant's conviction, the absolute waiver by the private complainant, the discretion of the court issuing the final judgment, the request of the convict from the court, the feasibility of the convict's right to appeal, and the necessity of supervision by semi-liberty centers, are themselves among the most significant sources of challenges for implementing the semi-liberty system. Possible solutions to resolve the challenges facing the implementation of the semi-liberty system include: being satisfied with the general consent of the offender, delegating the determination of the type of occupational activity to a competent and appropriate court, considering prior bail as valid, expanding the commitment to performing multiple activities, restricting the requirement for the complainant's waiver to serious crimes, the sufficiency of the order for compensating the complainant's loss and damage by the offender, the sufficiency of the court's discretion in determining interest, removing the necessity for the convict's request to benefit from the semi-liberty system, establishing semi-liberty centers, providing sufficient funding for them, and monitoring the convict after release.
ملخص الجهاز:
Possible solutions to resolve the challenges facing the implementation of the semi-liberty system include: being satisfied with the general consent of the offender, delegating the determination of the type of occupational activity to the competent court, considering prior bail as valid and appropriate, expanding the undertaking to perform multiple activities, restricting the obtaining of the complainant's waiver to serious crimes, the sufficiency of the arrangement for compensating the complainant's damages by the offender, the sufficiency of the court's discretion, the lack of necessity for the convict to request the enjoyment of the semi-liberty system, establishing semi-liberty centers and securing sufficient credit for them, and supervising the convict after release.
Therefore, the following writing, by employing a descriptive-analytical method, to achieve solutions for substantive challenges, examines the variables: the type and nature of the committed crime, obtaining the convict's consent, providing appropriate security, and obtaining an undertaking from the convict regarding employment leading to the offender's reform or compensation for the victim's damages; and to achieve solutions for formal challenges, it investigates the variables: the necessity of the finality of the defendant's conviction sentence, absolute waiver and the necessity of accompanying it with other methods of compensating the private complainant's damages, the jurisdiction of the court issuing the final judgment or the convict's request from the court, the feasibility of the convict's right to appeal the semi-liberty decision, and the necessity of supervision by semi-liberty centers over the convict's occupational activities.
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