Suspension of the execution of punishment in the reformation of criminals and deterrence of crime
The present analysis examines in detail one of the most influential institutions in the process of rehabilitation of people accused of crime. By identifying the weak points in imprisonment policies, which was initially considered as a therapeutic approach and scientifically considered superior to other solutions, lawyers moved towards creating measures and institutions whose main goal is to retrain and rehabilitate people accused of It is a crime.
Ethical considerations:
This article has been written considering ethical considerations such as honesty, trustworthiness in text analysis and citation.
The institution of suspension of execution of punishment is proposed as a tool to individualize the punishment and reform the accused. Therefore, it is critical for the court to pay attention to the aspects of the accused's personality and the effect of the punishment on him. In this regard, the type of crime should not play an effective role in the decision making of the investigators. For example, the accused may be accidentally involved in the crime of forgery or embezzlement, but his risks are less than the accused of a simple crime. Therefore, exemption from some punishments and non-suspension of some of them can be justified. In addition, some legal provisions have established heavy penalties that prohibit the suspension of their execution. However, the reason for choosing these punishments in Article 47 of the Islamic Penal Code of 2013 is not based on a precise and clear analysis, and perhaps because of the dangerousness of these crimes and the destructive effects they have on the society, this decision was made. Considering that the basic priority of the criminal justice system is to prevent the occurrence of crime or reduce it, in the era of new governments, against minor crimes that do not have a significant impact on the society, and also in times when the execution of punishment is not necessary and the possibility of reforming the offender from There is another way of giving opportunities, they remove repressive criminal policy from their programs and look for solutions focusing on flexibility and flexibility in criminal actions. Deferred sentencing is an institution that was created in the framework of criminal policy based on leniency, compromise, and more protection for non-dangerous criminals. This institution has friendly aspects that if the court uses it in a proper way, it can bring about the correction of the criminal.
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