Effective Factors on Adjudicating Alternatives to Imprisonment

• Main Authors: Hussein gholami, davood khaksar
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
• Subjects: removal sentences criminal justice policy correlation coefficient
• Online Access: http://jclr.atu.ac.ir/article_9616_6b260d7ce06f45e66996e4c61b129e4b.pdf

The new perspectives of criminology,penology and criminal sociology, which are based in part on the reformation and treatment of criminals and their social rehabilitation, have affected the criminal law, which has led to stinging the punitive rights and Proof of inefficiency of some types of punishment, including imprisonment. The process of modifying punishable thoughts and reforming the prison system's structure and the use of alternative prisoners are on the agenda, and the Iranian legislator has been devoted about 5% of the articles of (1392) penal code to such punishments. However, it should be determined what factors lead to the use or non-use of punishments? What challenges do judges face to face with the use of these corrective and therapeutic tools? Answering these questions was done by analyzing court verdicts, which was conducted in this research using SPSS analytical software. As a result of this study, it can be said that some types of alternative prison sentences, including daily cash penalty and general utility services, are ineffective, and some variables, including the type of crime, the type of punishment, the criminal record of the accused work, are influential on the type and amount of sentences of imprisonment by judges.