Evaluating examples of a lenient approach towards defendants in the preliminary investigation process and the challenges surrounding its application in Iranian and French law

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

Abstract

Reformation, treatment and rehabilitation of criminals as a result of the achievements of clinical criminology are of great importance in modern criminal law. Which has led to the formation of a criminal policy based on tolerance and tolerant towards criminals of minor crimes and occasional criminals, as well as, depriving criminals of modern leniency in most legal system, specially Iran and France. The result of the present study indicates that examples of leniency approaches in Iranian law in the process of preliminary investigations, including granting the accused a chance, postponing prosecution, abandoning prosecution and archiving the case, although there are differences in terms of method and implementation with the institutions specified in French law, including criminal compromise, alternative to prosecution or plea bargaining, however, they have the same results in term of capability, efficiency and purposefulness, and both inspired by tolerance models, have considered corrective components towards the accused in clinical criminology. However, in the present study the author uses a descriptive-analytical method and whit regard to Iranian criminal law and french criminal law to evaluate the components of the conciliatory approach towards criminals and the challenges surrounding its application in light of the criminal justice policy of Iran and France.

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History

  • Receive Date: 12 May 2025
  • Revise Date: 29 May 2025
  • Accept Date: 06 June 2025

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