Penological Analysis of Customary Penal Code

Customary Criminal Code (1916) is the first substantial code in Iranian criminal law. This Code is ratified about 38 years after Counte Code (1879). Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. Recognition of the typology of crime and punishment in customary penal code is of great importance. So that, this law has many effects in criminalization, the new division of crimes, determination of various penalties, especially imprisonment, identification of different institutions and principles predictions such as the principle of legality of crimes and punishments on the penal codes after itself (from 1304 to 1392). The crimes divided into three groups of crimes against persons, property and security the first time was done by this law and the sentence of imprisonment organized and widespread in this way entered into Iran Criminal Law System. In the present article explain the penological analysis of Customary Penal Code and the statement of the penals system of this law and penological evaluation based on the functions of punishment.