Challenges to the Penitentiary Capacity of the Iranian Criminal Procedure System in Reducing Prisoners Before Trials and Solutions

Neglecting the issue of pre-trial detentions as one of the most complex challenges of the criminal justice system can exacerbate the increase in the criminal population and increase the likelihood of violations of the rights of defendants during the investigation and trial. The capacity of the Iranian criminal justice system to reduce the number of pre-trial prisoners is one of the most important issues that has not received much attention. The main question raised and examined in this article is what are the challenges facing the penitentiary capacity of the Iranian criminal justice system in reducing pre-trial prisoners and solutions? The present article is a descriptive-analytical study and examines the question using the library method. Insufficient alternatives to prosecution, the role of the prosecutor in controlling crime, and the criminalization and imprisonment approach are the most important challenges facing the penalizing capacity of the Iranian criminal justice system in reducing pre-trial detainees. At the same time, restricting temporary detention, expanding defense rights, encouraging the use of alternative mechanisms, speeding up the indictment and daily issuance of indictments, and electronicizing the bail process on the day of the issuance can be used as solutions to the system's penalizing capacity. Iran's criminal court cited a reduction in pre-trial detainees.