نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق، موسسه آموزش عالی راه دانش، بابل، ایران.
2 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
In recent years, those involved in our country's judicial system have tried to benefit from new scientific and empirical achievements in enacting criminal laws and regulations, paying special attention to new developments in the fields of criminology and penal science. This attention, especially in some areas, has led to the introduction of institutions such as suspension of punishment, postponement of sentencing, and conditional release into the country's penal system, with the influence of the teachings and discourses of international criminal law and modern criminology. On the other hand, in some cases, our legislation, due to the influence of Sharia and social requirements, has defined institutions such as pardon and repentance as tools on the path of reform and rehabilitation of criminals. The main goal of these measures has been to reform the behavior and rehabilitation of criminals, and the legislator has tried to guide the country's penal system towards rehabilitation and reform, focusing on protecting the rights of the accused. However, this focus has sometimes been such that the necessary balance between the rights of the plaintiff and the accused has been disrupted. In such a way that some of the rights of the plaintiffs of crimes have been weakened in the new laws and in some cases have even been damaged. Therefore, it can be said that the recent criminal legislation has become a law that protects the accused rather than creating a proper balance between the rights of the parties. Ultimately, this trend reflects the challenge that legislators face; a challenge that requires reviewing and creating a logical balance between the rights of the accused and the plaintiff so that the country's criminal system, while maintaining justice, can also achieve the goals of reform and rehabilitation.
کلیدواژهها English
