نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Field and Aims: One of the important topics in criminal law and applied criminology is the impact and feedback of imprisonment for less than three months. This issue plays a particularly significant role in our criminal law due to ambiguity surrounding its existence. Therefore, this paper aims to examine the challenge of the existence or non-existence of imprisonment for up to three months, with a focus on the Islamic Penal Code, and determine whether a more measured approach can be adopted in this regard. Despite the legislator's intention to eliminate imprisonment for less than three months, traces of this punishment can still be found in criminal regulations, which calls for a more careful and thoughtful approach.
Method: This paper is based on a descriptive and analytical method.
Findings and Conclusions: Due to the adverse consequences of imprisonment, our legislator has considered replacing sentences of less than three months with fines since 1307. This process in our criminal law, especially after the revolution, has undergone many fluctuations. Eventually, the legislator replaced the three-month imprisonment with alternative punishments. However, in the context of enforcement guarantees for some penalties, such as supplementary punishments, deferrals, etc., this issue was overlooked, leading to the subtle persistence of imprisonment in our criminal law. It is now appropriate for the legislator, considering the country's culture and the achievements of applied criminology, to revise and amend the law to eliminate imprisonment for up to three months.
کلیدواژهها English
