Abstract:
Today, the overcrowding of prison populations has caused serious problems in all societies so that in many ways undermined the correctional and educational achievements. In many countries of the world, the overcrowding population of prisoners has brought nothing except huge costs, an impediment to the public order of the prison, conflict, riot, strike, etc. It has made the authorities to take steps to reduce the prison population. The prison sentence for any form of criminal behavior that is determined arbitrarily neither based on scientific logic nor on the basis of the personality characteristics of individuals and entities of society, on the one hand, causes the increase of the prison population and represents an ugly face of the Islamic Republic of Iran to the world and, on the other hand, causes the family of prisoners to be wandered and overwhelmed by the effects and consequences of this punishment. It is impossible to deny the prison functions because it has punitive and corrective functions so that multiple objectives can be achieved by its implementation. Therefore, it cannot be ignored totally. Imprisonment is still considered as a solution, and if it turns to be a problem in some cases, it is due to other factors and conditions that need to be addressed and improved. If imprisonment is used logically, then it will be effective and will certainly not be problematic. In particular, it should be emphasized that non-criminal solutions and imprisonment alternatives will be effective when it is used in place. Accordingly, the penal policy in post-revolutionary penal law has contributed to the increased prison population by imposing ineffective and prison-based laws in the general section, and also by increasing the criminalization and determination imprisonment as the dominant type of punishment in the section of general laws defining punishment with increasing crime However, following the problems and corruptions as well as the need for resolving this challenge, the legislature took steps to change its legislative penal policy through the Islamic Penal Code of 2013 in accordance with the inspirations and solutions of international organizations. It resulted in the reduction of imprisonment and consideration of prison as the last punishment.
Today, the overcrowding of prison populations has caused serious problems in all societies so that in many ways undermined the correctional and educational achievements. In many countries of the world, the overcrowding population of prisoners has brought nothing except huge costs, an impediment to the public order of the prison, conflict, riot, strike, etc. It has made the authorities to take steps to reduce the prison population. The prison sentence for any form of criminal behavior that is determined arbitrarily neither based on scientific logic nor on the basis of the personality characteristics of individuals and entities of society, on the one hand, causes the increase of the prison population and represents an ugly face of the Islamic Republic of Iran to the world and, on the other hand, causes the family of prisoners to be wandered and overwhelmed by the effects and consequences of this punishment. It is impossible to deny the prison functions because it has punitive and corrective functions so that multiple objectives can be achieved by its implementation. Therefore, it cannot be ignored totally. Imprisonment is still considered as a solution, and if it turns to be a problem in some cases, it is due to other factors and conditions that need to be addressed and improved. If imprisonment is used logically, then it will be effective and will certainly not be problematic. In particular, it should be emphasized that non-criminal solutions and imprisonment alternatives will be effective when it is used in place. Accordingly, the penal policy in post-revolutionary penal law has contributed to the increased prison population by imposing ineffective and prison-based laws in the general section, and also by increasing the criminalization and determination imprisonment as the dominant type of punishment in the section of general laws defining punishment with increasing crime However, following the problems and corruptions as well as the need for resolving this challenge, the legislature took steps to change its legislative penal policy through the Islamic Penal Code of 2013 in accordance with the inspirations and solutions of international organizations. It resulted in the reduction of imprisonment and consideration of prison as the last punishment.
Machine summary:
In the criminal justice system of Iran, Section 16 of the General Policies of the System regarding the judicial security is worthy of attention and states: "Revision of the rules to reduce the categories of crimes and the use of prison sentences"; The reflection of this general policy can be observed in institutions such as the postponement of the sentence, the semi-liberation system, and in particular the alternatives of imprisonment introduced by the Islamic Penal Code of 2013.
The institution of sentence suspension has many advantages and prevents accidental criminals from imprisonment (Zeraat, 2013: 129); The permissibility of the suspension in the wide range of crime will slow down going to prison; in US law, almost all criminals, including those convicted of violent crimes like rape and intentional murder, qualify for probation (Ashouri, 2003: 167); However, the Islamic Penal Code, in Article 30, has reduced the scope of application by adding five equivalent offenses to the probation clause; In another word, a number of categories of crimes against property and individuals (as assistance to the offenses with punishment) are prohibited from suspension, and the direct consequence of such an adoption can be directly the imprisonment; this is while some offenses are absolutely the issue of ban on suspension; Given the usage of the Islamic Penal Code in this regard, the perpetrators are prohibited from suspension, while there is no necessity for this; So the absolute reference of some crimes as the examples of prohibited suspension cannot be defended (Mir Mohammad Sadeghi, 2008: 94).