The structure of the execution of Iranian criminal sentences in the light of the principle of judicial independence

The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. One of the most important principles of fair trial is related to the implementation of the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence; That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran; Because now, on the one hand, the Deputy for Execution of Criminal Judgments is under the jurisdiction of the Prosecutor's Office, and the Executing Judge acts under the supervision of the Prosecutor, both of whom lack full independence in executing judgments, and on the other hand, the Execution Judge has jurisdiction to change the sentence. It does not use correctional institutions such as parole and suspension of punishment, which is contrary to the principle of judicial independence and...