چکیده:
Decriminalization and depenalization, as two fundamental strategies in modern criminal policy, play an important role in reforming the structure of criminal justice and reducing the penal population. Although these two concepts appear similar on the surface, they are distinct in terms of basis, goal, and method. Decriminalization means removing the criminal description from certain behaviors and replacing them with non-criminal responses; while depenalization focuses on limiting the use of punishment and replacing it with non-custodial measures. In recent years, Iran's legal system has faced increasing challenges in the area of prison population density and the inefficiency of criminal policies, and has gradually felt the necessity of reviewing criminalization and reducing reliance on deprivation of liberty punishments. This research was conducted with the aim of explaining the role of decriminalization and depenalization in reducing the penal population and performing a comparative analysis of Iran's legislative policies with successful global experiences. The results of the research show that the incomplete and inconsistent implementation of decriminalization policies in Iran has prevented the achievement of its goals, and in the absence of macro-planning and the participation of non-governmental institutions, a real reduction in the penal population will not be possible. Finally, a policy framework for the development of decriminalization and depenalization based on the principles of restorative justice, legislative efficiency, and the interaction of civil institutions is proposed.
خلاصه ماشینی:
2. 3 International empirical evidence on the effectiveness of decriminalization and depenalization Empirical texts show that the results of decriminalization/depenalization policies are diverse and vary depending on the design, complementary implementation, and the socio-economic conditions of the countries: Successful examples: Scandinavian countries and certain jurisdictions in Canada and the Netherlands are examples of successful policies that, by combining legal reforms, development of social services, and rehabilitation programs, have experienced a significant reduction in the criminal population and recidivism rates (comparative studies and reports).
2. 7 Major executive and legal challenges in implementing decriminalization/depenalization in Iran In practice, a set of legal, institutional, and cultural obstacles exists in the way of effective implementation of these policies: Resistance from judicial and law enforcement institutions which, in some cases, view the reduction of the scope of criminalization as a threat to social security; Lack of high-quality alternative mechanisms (addiction treatment centers, employment programs, counseling services); Deficiencies in the statistical and monitoring system, which prevents accurate evaluation of results and policy reform; Weakness in the training of judges, officers, and law enforcement personnel regarding the criteria and principles of evidence-based sentencing; Jurisprudential (Fiqh) and legal issues related to certain sensitive topics that require comparative and jurisprudential-legal dialogue so that legal changes can gain legitimacy (different jurisprudential perspectives on the legitimacy of some alternative solutions).
Analysis shows that decriminalization and depenalization have the theoretical and empirical potential to reduce the criminal population; however, their effectiveness in Iran is conditional upon the formulation of a comprehensive policy package consisting of targeted legislative reforms, the development of alternative mechanisms, the structural involvement of NGOs, improved statistics and monitoring, and institutional training.
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