خلاصة:
AbstractConflict with crime and delinquency has always plagued human societies. In this uncertain controversy, man has experienced many solutions from the distant past to the present, and in the meantime, he has chosen the easiest way; Punishment. The increasing growth of crime and the increase in crime rates and the ineffectiveness of some punishments, made those involved in the criminal justice system think of offering alternative solutions, one of which is impunity. In fact, we seek crime prevention in the first place, and one of the ways to prevent crime is impunity. The concept of decriminalization includes all forms of decongestion of the penal system, including various areas such as decriminalization and prosecution, and in some cases decriminalization.The authors of the present article, after addressing the principles and necessity of impunity, express the approaches and the process of impunity, and through this, examine the examples and effects of impunity in the Islamic Penal Code.
ملخص الجهاز:
ir 3 Associate Professor, Department of Jurisprudence and Foundations of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran Introduction 1- Problem Statement Decarceration is a modern movement within the framework of systematic criminal policy, whose primary objectives are to adjust and proportion the criminal nature of punishment, or to remove punishment from a criminal behavior and replace it with non-criminal measures for the purpose of reforming and rehabilitating the offender in a way that is consistent with the needs and transformations of society.
The history of decarceration can be summarized in the short sentence of "Ehring" (the famous criminologist), who said: "The history of criminal law is the history of the continuous aim of punishment" (Gesen, 1370: 19) From the 18th century AD onwards, especially after the intellectual movement of Beccaria and subsequently the movement of the positivist school of criminal law, this subject was given a scientific dimension, and the idea was strengthened among thinkers and social reformers that the goal of punishment is not merely torture and reprimand in response to the violation of the rules and regulations governing society, but rather that punishment is a means of individual and public prevention, with the aim of reform and treatment.
Additionally, according to clause (c) of Article 113 of the Sixth Development Program Law approved in 1395, the Judiciary has been obligated to take action regarding the revision, amendment, and filling of gaps in criminal laws, in order to review the instances of life-depriving punishment titles in light of changing conditions, reduce criminal titles, use police, disciplinary, civil, administrative, and restorative enforcement guarantees, and also proportion punishments with crimes.
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