Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Principles and effects of postponing the issuance of a sentence in the Iranian legal system

Document Type : .

Authors
Khosrow Khalili Mahdirji 1
Kiomars Kalantari Dronkola 2
Hossein Miri Hossein Miri 3
1 PhD Student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran
2 Professor, Department of Criminal Law and Criminology, Mazandaran University, Mazandaran, Iran.
3 Assistant Professor, Department of Criminal Law and Criminology, Gonbad Kavous Branch, Islamic Azad University, Gonbad Kavous, Iran.
10.22034/ejs.2022.332593.1185
Abstract
Background and Aim: The institution of postponing the issuance of verdicts is one of the effective institutions in order to reduce judicial proceedings. In the present study, an attempt has been made to address the principles and effects of the institution of postponement of sentencing in Iran.
Materials and Methods: The present study is qualitative and the method of writing the article is descriptive and analytical.
Findings: Criminal de-inflation, labeling and re-acceptance theories are the most important principles of sentencing. The protection of citizenship rights and social solidarity are among the most important social effects and consequences, and the realization of judicial security and the responsibility of the government are among the justice-oriented consequences of postponing the issuance of a sentence.
Ethical considerations: The present study is based on ethical principles.
Conclusion: Postponement of sentencing due to newness requires care and legal and judicial institutions should consider various conditions and criteria, including the offender having the conditions to benefit from this institution, judicial security, extrajudicial and justice-oriented Give.
Keywords
Postponement
Sentence
Detention
Axis victim
Strategic Studies of Jurisprudence and Law
Volume 3, Special Issue - Serial Number 5
Studies of economic jurisprudence
Winter 2022
Pages 221-238