Analysis of imprisonment elimination and reduction of criminal population in jurisprudence and islamic law and islamic penal code of 2013
- Autores: Nazanin Shahmiri Moghaddam, Samira Golkhandan, MOHAMMAD HOSSEIN KHOSRAVI
- Localización: QUID: Investigación, Ciencia y Tecnología, ISSN-e 2462-9006, ISSN 1692-343X, Nº. Extra 1, 2017, págs. 947-955
- Idioma: inglés
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Resumen
Although the effort of western philosophers and lawyers over the 17 and 18th centuries in field of preventing use of violent and severe punishments has led to acceptance of prison as a main punishment in early 19th century, excessive use of prison soon led to emergence of severe criticism towards the punishment due to inefficiency of imprisonment penalty in rehabilitation of prisoners and health and mental disorders in it, so that even the proponents of the punishment were also encountered doubt and showing reaction. One of the most important reactions towards the protests was the suggestion of using alternative options of imprisonment and avoiding that; unless as the last resort. In this study, the author is aimed in analysis of imprisonment elimination in Jurisprudence and Iran Law with discrimination of the main research question that how is the nature and basis of imprisonment elimination in Iran law and jurisprudence? The author has applied descriptive-analytical method and found that revise of determination of punishments and applying imprisonment penalty and diversification of features of criminal arsenal to reduce imprisonment and use of imprisonment penalty is essential just for severe punishments and for dangerous criminals. Moreover, it seems that same option (amendment of criminal laws) to increase the range of applying alternative punishments of imprisonment and mitigation of imprisonment penalty in the laws and it could be possible to pave the way for reduction of criminal population of imprisonment and not criminal population absolutely.
