Volume 13 - Special Issue on Human Rights and Citizenship Rights
MLJ 2019, 13 - Special Issue on Human Rights and Citizenship Rights: 419-432 |
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Shohani M, Haghpanahian A, Mostafazadeh F. Decarceration in Light of the Charter of Civil Rights. MLJ 2019; 13 :419-432
URL: http://ijmedicallaw.ir/article-1-1252-en.html
URL: http://ijmedicallaw.ir/article-1-1252-en.html
1- University of Justice, Tehran, Iran
2- Faculty Member, Department of Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran. (Corresponding Author)
3- Faculty Member, Department of Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran
2- Faculty Member, Department of Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran. (Corresponding Author)
3- Faculty Member, Department of Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran
Abstract:
Background and aim: In accordance with related works in most of countries, including Iran, penalty of imprisonment has not only been unsuccessful in achieving its goal of correcting offenders and preventing them from repeating a crime, but also the results have showed that prisoners have been deprived of their citizenship rights in prisons. Accordingly, many attempts have been made to emphasize the importance of decarceration. The present research aimed to explore the importance of decarceration from the standpoint of citizenship rights.
Materials and Methods: A descriptive-analytical method was used in this research.
Findings: In this research causes for decarceration were studied from both theoretical and practical aspects. Intellectual and philosophical schools and the ideology of law which deem the penalty of imprisonment ineffective to correct offenders are categorized as theoretical reasons. On the other hand, the practical aspect is materialized by the legislator and the judicial system through issuing decarceration directives. Therefore, findings illustrated that the penal system shifted to decarceration due to the high cost of keeping offenders in prisons and imprisonment's failure to achieve its goals.
Conclusion: There has been multiple causes for decarceration in each government. However, the shortcomings in the policy of imprisonment on correcting offenders is considered the chief reason. For example, economic factors such as the high cost of maintaining prisons, a considerable rise in the number of criminal prisoners, especially in crimes associated with drugs, the failure in chastisement of offenders and preventing them from repeating crimes were Reza Khan's reasons to replace exile with imprisonment, and it was also followed by his son, Mohammad Reza Shah. However, after the Islamic revolution, religious reasons and high cost of keeping prisoners set the stage to issue an Act for the penal code in 2013. According to this law, imprisonment was expected not to be meted out to all types of crimes.
Please cite this article as: Shohani M, Haghpanahian A, Mostafazadeh F. Decarceration in Light of the Charter of Civil Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 419-432.
Materials and Methods: A descriptive-analytical method was used in this research.
Findings: In this research causes for decarceration were studied from both theoretical and practical aspects. Intellectual and philosophical schools and the ideology of law which deem the penalty of imprisonment ineffective to correct offenders are categorized as theoretical reasons. On the other hand, the practical aspect is materialized by the legislator and the judicial system through issuing decarceration directives. Therefore, findings illustrated that the penal system shifted to decarceration due to the high cost of keeping offenders in prisons and imprisonment's failure to achieve its goals.
Conclusion: There has been multiple causes for decarceration in each government. However, the shortcomings in the policy of imprisonment on correcting offenders is considered the chief reason. For example, economic factors such as the high cost of maintaining prisons, a considerable rise in the number of criminal prisoners, especially in crimes associated with drugs, the failure in chastisement of offenders and preventing them from repeating crimes were Reza Khan's reasons to replace exile with imprisonment, and it was also followed by his son, Mohammad Reza Shah. However, after the Islamic revolution, religious reasons and high cost of keeping prisoners set the stage to issue an Act for the penal code in 2013. According to this law, imprisonment was expected not to be meted out to all types of crimes.
Please cite this article as: Shohani M, Haghpanahian A, Mostafazadeh F. Decarceration in Light of the Charter of Civil Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 419-432.
Type of Study: Original Article |
Received: 2020/01/23 | Accepted: 2020/09/9
Received: 2020/01/23 | Accepted: 2020/09/9
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