The role of the Execution judge in the arbitrary individualization of the reaction against crime

Iran's new criminal policy in the legislative, judicial, and executive dimensions is in line with the rapprochement. On the other hand, the individualization of the execution of the punishment guarantees the reformative goals of the punishment. The present article emphasizes the necessity of "combining the policy of individualization of punishment with the criminal policy of rapprochement in the light of the role of the execution judge".The question Is: to what extent do the current powers provide the possibility of adapting the execution of the punishment to the personal, family, and social conditions of the criminal in line with the arbitrary criminal policy? In this article, in a descriptive-analytical way, the discretionary authority of the judge in the execution of the sentences has been criticized and analyzed from the perspective of arbitrary criminal policy. The findings of the research show that the authority of the judge to execute sentences is defined only in the framework of "primary exclusion" - based on the individual characteristics of the convicted person, while le the individualization of fraternity requires the creation of "secondary exclusion" mechanisms - based on conditions outside the personality of the convicted person and her/his behavior during the execution of the sentence.