Document Type : Original Article
Authors
1 Doctoral student of criminal law and criminology, Islamic Azad University, Hazrat Ayatollah Amoli branch, Amal, Iran (corresponding author)
2 Assistant Professor, Faculty of Law, Islamic Azad University, Chalus branch, Chalus, Iran, drabbasi191@gmail.com
3 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran, dresmaeli@yahoo.com
Abstract
ackground and purpose: Imprisonment, as the most severe type of interference in the rights and freedoms of citizens, guarantees the execution of many crimes in the laws of Iran and England. Since the Iranian legislation system has not foreseen any specific mechanism for determining the punishment of imprisonment, either in the legislative or in the judicial stage; unfortunately, such punishment has been used excessively in most crimes in Iran's legal system. While in order to avoid the excessive use of imprisonment, considering the individual characteristics of the accused in determining the punishment and the need to pay attention to the rule of proportionality in determining the punishment, the principle of using imprisonment in crimes that require a justifiable reason. The purpose of this research is to use certain criteria in determining the prison sentence with the benefit of a comparative study in English law.
Research method: The present research is written based on descriptive and analytical method and based on documents and library sources. In this regard, the obtained information is analyzed with scientific and practical goals.
Findings: In Iranian law, the principle of determining the minimum prison sentence is accepted as one of the basic principles in the Islamic Penal Code approved in 2012 (1392); while in English law, instead of determining this principle, there are criteria for applying imprisonment. The criteria for determining prison sentences in English law at the legislative stage include the necessity of using prison sentences for serious crimes combined with considerations of the need to protect the public, and at the judicial stage, it also includes the principle of using the aforementioned punishment for dangerous criminals. Considering the problems of the principle of determining the minimum prison sentence in Iran's legal system and the benefits of using the criteria for determining imprisonment in English law
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