Abstract:
Parole means the issuance of a release order for a convict from imprisonment or exile by the court that issued the final conviction sentence, while observing the conditions prescribed in the law; with the proviso that the convict must comply with certain matters during a specific period specified by the law so that their release becomes final. This important mechanism is one of the tools to combat recidivism and an effective measure for delinquency prevention. It is always assumed that this leniency institution, alongside reviving the principle of individualizing punishments, facilitates social compatibility and the rehabilitation of those sentenced to imprisonment. In other words, parole is a privilege that the legislator grants to the prisoner for reform and reintegration into society. The use of this privilege by the prisoner is contingent upon fulfilling certain conditions. Through this institution, the legislator seeks timely reform and the reconstruction of criminals, such that parole can be described as a broad concept of imprisonment, through which prison is not completely and definitively eliminated, but rather it can sometimes be seen as a way to reduce the criminal population of prisons. The request for parole by the convict and its granting by the competent authority requires going through stages and performing formalities, such as a proposal by the prosecutor or the criminal enforcement judge and the review of the request by the court that issued the final judgment.
Machine summary:
Criminological Effects of Parole in Iranian Criminal Law Reza Hasanzad Omrani 1 1 Undergraduate law student, Faran Mehr Danesh Institute of Higher Education and graduate of social sciences with a research orientation from the University of Tabriz Abstract Parole means the issuance of a release order for the convict from imprisonment or exile by the court that issued the final conviction sentence, while observing the conditions prescribed in the law; with the proviso that the convict must comply with certain matters during a specific period determined by the law so that their release becomes final.
For example, if the punishment for a crime is three months to two years of imprisonment, and the judge sentences the perpetrator of this crime to nine months of imprisonment, and the convict serves three months of their sentence and then is released from prison using parole, in this case, even though the remaining term of the person in question is only six months, notwithstanding, the judge can, according to the latter part of Article 59 of the new law, consider their parole for a period of six months.
However, based on Article 61 of the Islamic Penal Code, whenever the convict fails to comply with court orders during the parole period without a valid excuse, one to two years are added to their parole period for the first time; and in case of repetition or commission of one of the intentional crimes resulting in Hadd, Qisas, Diya, or Ta'zir up to the seventh degree, in addition to the punishment for the new crime, the remaining term of the sentence will also be executed; otherwise, their release becomes final, adding to the validity of this claim.
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