The need to move towards removing imprisonment, with a view to institutions established in the New Penal Code (2013) and the

Authors

1 Assistant Professor of Jurisprudence and principles of law at Qom Islamic Azad University.

2 Ph.d in Jurisprudence and principles of law at Qom Islamic Azad University.

Abstract

Since imprisonment sentence was ineffective to achieve its expected goals, including the reform and rehabilitation of prisoners, and because of economic and social problems that may make difficult the serving of the punishment, it is necessary to study and specify community-oriented punishments as alternative to imprisonment punishment. Among these alternative punishments, one may refer to supervised period, daily fine, community work, deprivation of civil rights, basic suspension and the pilot returned to prison last week, home detention, semi-liberty, etc. Accordingly, the Iranian criminal policy in New Penal Code (2013) has adoped this approach. That is why the statutes, in particular New Penal Code (2013), has provided for guidelines and institutions for decrasing criminal population. These policies were not successful in practice. This study, firstly, deals with the reasons and nessecities of moving towards the alternative punishments for imprisonment and obstacles, including the lack of required infrastructures and necessity of taking coordinated measures of public institutions and then it will be ended by concluding remarks and relevant suggestions.

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