نوع مقاله : علمی پژوهشی
نویسندگان
1 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه علوم قضایی، تهران، ایران
2 استاد دانشگاه مازندران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
With the uncontrolled growth of the prison population in recent decades, many legal systems—particularly those of Iran and France—have recognized the need to reconsider criminal policies and limit the use of imprisonment as a punishment. One of the innovative strategies in this regard is the adoption of a leniency-based criminal policy, which seeks to ensure criminal justice while mitigating the harmful effects of incarceration by employing alternative measures to imprisonment and similar legal mechanisms. This comparative and analytical study examines the policies of Iran and France in reducing the prison population of convicts sentenced to imprisonment and evaluates the potential of Iranian law to adopt the French model. The findings indicate that Iran's legal system, particularly under the Islamic Penal Code of 2013 and more recently the 2020 Law on the Reduction of Discretionary Imprisonment, has aligned itself with the French legislative approach in leniency-based criminal policy by accepting mitigating measures such as alternative punishments to imprisonment, conditional release, semi-open prison systems, deferred sentencing, and suspended sentences. In contrast, the French criminal justice system, relying on well-structured judicial and administrative frameworks, has been largely successful in reducing the widespread use of imprisonment. successful in reducing the widespread use of imprisonment.
کلیدواژهها [English]
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