Investigating the Quality of Correcting and Rehabilitating the Criminals According to the Citizenship Rights’ Teachings in Incarceration Alternatives in the Laws of Iran and England

Crime is a behavior consisted of either doing or not doing of an action that is against the social order, on the one hand, and exposes the society to risks and damages, on the other hand, for its disruption of the social order. As an alternative to imprisonment, decarceration has always been amongst the principles related to citizenship rights taken into accounts also in the religious texts. The present study aims at the study of two legal systems, i.e. Iran and England’s, for the investigation of the incarceration-replaceable penalties and alternatives for the foresaid legal systems represent the Roman-German and Common Law systems, respectively.

The study has been conducted based on documentary and library research method through the use of note-taking.

Nowadays, no jurist can deny the accomplishments of the comparative laws that support the citizenship rights. In order to exploit the positive experiences of the other countries regarding the veneration of the citizens’ social and individual rights and freedoms, England’s legal system has been chosen for comparison with Iran’s for the enforcement of the incarceration-replaceable penalties is done under certain conditions as ruled in the laws of this country.

In sum, Iran and England’s legal systems differ a lot concerning the incarceration alternatives. Apart from the existence of numerous stages that can relieve the criminal from incarceration before the court’s trial of the crime, it is necessary in the law system of England for the discounting and suspending factors to be enforced in the best possible way to the maximum possible extent in such a way that even passing a job-learning course in the adolescents’ correction centers with a high discipline score can exempt a robber from imprisonment. It can be vividly understood that the observance of the citizens’ rights has been the focal point of England’s laws and that their rights and freedoms matter even when in prison. Considering the fact that England’s jurists have succeeded in enacting the regulations of incarceration alternatives earlier than Iran, they have more information and more experiences in contrast to the Iranian jurists regarding the extent to which each of the penalties might be effective.