Alternative Punishments to Imprisonment under Iran and International Criminal Laws: Challenges and Solutions

The inadequacy of imprisonment and the increasing importance of citizenship rights, including liberty, has led thinkers in criminal law to offer some alternatives to imprisonment that not only punish the defendant but also minimize the ill effects of being imprisoned. This study aimed to address the following research question: how effective are alternative punishments to imprisonment under Iran and international criminal laws, and what would be solutions to their potential challenges? This was an analytical, descriptive study. The library method was also used to deal with the research question. Under international criminal law, all people, including prisoners, should be treated with regard for human dignity, and it rejects imposing inappropriate punishments. In the same way, Iranian legislator, specifically in the penal code 2013, has offered such alternatives as conditional discharge, providing public services, suspension, and substitution of punishment to imprisonment. However, it presents several challenges. The biggest one is the lack of suitable infrastructures to meet defendants' punishments. Our work has led us to conclude that social and economic infrastructures must carry out such a sentence as a conditional discharge.