Mitigation of punishment in Iranian law and how it is applied

The main purpose of establishing legal mitigation of punishment from the beginning in line with the principle of individualization of punishments and correction and rehabilitation of criminals and preparing them to enter society and prevent recurrence of crime and keep non-professional criminals away from professional criminals in Imprisonment also reduces the burden on prisoners and avoids miscellaneous costs without social benefits. Achieving this goal will not be achieved except by passing the appropriate laws and the accurate and correct implementation of the mentioned laws by the judges of the courts of first instance, appellate courts and execution judges. In the meantime, the method used by judges in applying mitigation and conversion rules has been discussed in various cases, in such a way that in many courts in Iran, various procedures are applied in this case, which causes Public opinion is disturbed and people and jurists are confused. Therefore, by examining the obstacles and problems in the implementation of the legal establishment of mitigation of punishment, one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population is mitigation of punishment.In this article, with the aim of explaining the current situation, the laws passed since 1304 and their disadvantages and advantages, as well as the legal establishment of mitigation of punishment, principles and strategies of mitigation of punishment from the perspective of judicial procedure as a method and tool to achieve Will be analyzed for the purpose of the legislature.