Investigating the Feasibility of Replacing the Imprisonment Stemming from Financial Convictions with an Approach to the Observance of the Inmates’ Citizenship Rights

The defendant’s incarceration is one of the most important solutions to the achievement of the thing to which s/he is sentenced and it is carried out in a resort to the mechanisms specified by the legislator in the special law on the method of enforcing the financial convictions. The present study’s goal is the analytical-descriptive investigation and interdisciplinary examination of the individuals’ financial convictions as a result of their falling short of liquidating their debts to the others from the perspectives of the criminal rules and Iran’s statutory provisions as well as the theology field of the study; it also aims at analyzing the nature of such a type of incarceration, its conditions and barriers and offering of solutions for its replacement. The general result of the present study is that the legal nature of the incarceration should be accepted in financial convictions according to the jurisprudential and legal documents and proofs posited in the body of the present research so that it can be considered as a punishment. This has also been accepted and confirmed in the texts of the Islamic sciences. The necessary conditions for the incarceration of the defendant would be the impossibility of retrieving the thing to which s/he has been sentenced through ways mentioned in the law on the method of enforcing the financial convictions and the plaintiff’s demand and the barriers to such an incarceration, as well, would be the acceptance of insolvency, debt payoff and/or the creditor’s consent. On the other hand, since incarceration is a ground for the real perception of the debtor’s financial status and a way of liquidating the liabilities hence lacking any topicality, it seems that it can be replaced by other ways lacking its harms.