Foundations of Offender-Oriented Leniency Institutions in the Iranian Legal System

Abstract

One of the issues that has long preoccupied the minds of philosophers and scholars in criminal law is the reasoning behind and the objectives of punishments. The question of why offenders are punished and what goals are pursued through their punishment has always shaped the nature of the criminal law systems of various countries, influencing both the types of punishments employed and the methods of their implementation. One objective historically observed in the imposition of various punishments is the rehabilitation and treatment of offenders through the application of different punitive measures. Today, the rehabilitation and treatment of offenders, as well as the prevention of recidivism, are among the key objectives in the determination of different punishments. Pursuing this goal in the criminal law systems of countries affects not only the stage of determining the type of punishment but also the legal framework within which the punishment is applied, significantly contributing to the rehabilitation of offenders, the prevention of recidivism, and their reintegration into society. In this context, "offender-oriented leniency institutions" have permeated criminal law. The Iranian legal system also features various institutions serving this purpose. Institutions such as exemption from punishment, suspension of the issuance of judgments, suspension of the execution of punishments, semi-freedom systems, and conditional release are examples of these mechanisms. Criminal, familial, and social backgrounds of offenders, the likelihood of their rehabilitation, and the offenders' consent are always crucial conditions for benefiting from offender-oriented leniency institutions.