چکیده:
Today, the suspension of sentence execution is considered as one of the alternative punishments or intermediate punishments. To implement supervised suspension, many countries have taken effective steps in reforming non-dangerous offenders by establishing appropriate social institutions. In our country, the idea of suspended sentences appeared in criminal laws from the beginning of the current century. Unfortunately, despite the passage of eight decades since its approval, no appropriate institution has been established to organize and supervise the matter of suspended sentences. This deficiency has inclined courts in practice to issue simple orders, and judges generally show little enthusiasm for issuing supervised suspensions. Unfortunately, the judicial practice of our country does not seriously address the institution of suspended sentences and, in practice, uses it only as one of the methods of reducing punishment, and therefore the necessary sensitivity for observing the legal conditions of suspension is not observed among judges. It seems that the solution to this problem is to create methods common in other countries and establish the necessary institutions in this field.
خلاصه ماشینی:
The philosophy and history of suspended punishment and its types in Iranian criminal law, as well as the conditions for suspension, the obligations of the convicted person, and the duties of the court, constitute the topics of this section.
Chapter 2 - History of Suspended Punishment in Iranian Law The suspension of the execution of punishment was first foreseen in the General Penal Code approved in 1304, in articles 47 to 50, and of the simple suspension type.
Chapter Six - Duties of the Court Suspending Punishment From the totality of Articles 25 to 36 of the Islamic Penal Code, which currently constitute the regulations relating to the suspension of execution of punishment in Iranian criminal law, the following duties can be inferred for the court.
Chart No. 1 - Evaluation of issued rulings in terms of stating the reasons for suspending punishment in the court ruling Chapter Two - Evaluation of Judicial Practice in Terms of the Type of Suspension Determined We said that the suspension of punishment in Iranian criminal law is divided into simple and supervised suspension.
Chart No. 3 - Evaluation of issued rulings in terms of explicitly stating the effects of the defendant's violation of obligations Chapter Four - Evaluation of Judicial Practice in Terms of the Duration of Suspension In the current Iranian criminal laws, the suspension of execution of punishment is only applicable to discretionary crimes and for a period of two to five years.