Volume 26, Issue 96 (winter 2021)
__Judicial Law Views __2012__, 26(__59__): __22468 |
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hajitabar firozjaee H, firozian haji H R, kalantari K. Challenges arising from the conciseness of Islamic criminal law in the implementation of alternatives to imprisonment. دیدگاههای حقوقی 2021; 26 (96) :43-68
URL: http://jlviews2.ujsas.ac.ir/article-1-1958-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1958-en.html
1- Islamic Azad University , yahoo.com@ hajitabar
2- Islamic Azad University
3- Mazandaran University
2- Islamic Azad University
3- Mazandaran University
Abstract: (786 Views)
Due to the relatively emerging issue of alternatives to imprisonment, the Iranian judicial system has always faced various legal challenges, as the case may be, in the process of determining or implementing them. Authors with analytical and library methods and with the knowledge of the wide range of legal challenges on the subject in terms of aspect and scope, only to a specific aspect and scope of legal challenges arising from the summary of laws in the execution phase of punishments Alternative to imprisonment in Iranian law, the results of which indicate that the challenging aspects of the summary of laws regarding the implementation of alternative punishments to imprisonment in the form of eight cases, respectively: Scope of Article 77 of the Penal Code in terms of type of punishment, compensation Physical damage inflicted on the convict against the punishment of free public services, the mechanism of monitoring the execution of punishment by the receiving institutions, obtaining security during the execution of punishment, determining the applicable punishment in case of impossibility of alternative punishment to imprisonment, conditions and scope of mitigation 483 of the Criminal Procedure Code, the lack of a guarantee of execution in case of committing an intentional crime during the execution of the sentence and the existence of an obstacle in the total of four hours of service of employees with their job, has been identified and has caused problems for the judiciary in practice.
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2020/10/31 | Revised: 2022/12/19 | Accepted: 2021/12/14 | Published: 2022/02/20 | ePublished: 2022/02/20
Received: 2020/10/31 | Revised: 2022/12/19 | Accepted: 2021/12/14 | Published: 2022/02/20 | ePublished: 2022/02/20
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