A Comparative Study of Deferral of Sentencing in the Criminal Law of Iran, England and France

Document Type : Research Paper

Authors

1 Associate Professor, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

2 Assistant Professor, Department of Law, University of Bojnord, Bojnord, Iran

3 Ph.D Student of Criminal Law and Criminology, Shiraz University, Shiraz, Iran.

Abstract

Deferral of sentencing is one of the new effects of decriminalization and customizing response to offence. The origin of this organ has been from common law system and has been introduced from this point to the other countries such as France.  Being inspired by the French Penal Code, the Iranian legislator first introduced this organ into the criminal system of the country by way of the Islamic Penal Code 2013. The legislators of these three countries, the criminal laws of which are examined in this article, have followed some common objectives such as decriminalization, correction, treatment and social reintegration of criminals by  avoiding criminal labeling. However, the conditions and arrangements foreseen at the time of its issuance and implementation differ. In addition, in the context of the Iranian criminal system, despite the fact that the Islamic Penal Code has been inspired by the French Penal Code; some of the related matters to this organ are not foreseen. This paper, by adopting a comparative approach and by using a descriptive-analytical method stating the background of deferment of sentencing organ, seeks to explain differences and similarities of these three legal systems and uncover the ambiguities of the Islamic Penal Code of Iran.

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Main Subjects

References

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Comparative Law Review
Volume 8, Issue 2
Autumn & Winter
October 2018
Pages 655-678

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