نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
2 حقوق کیفری و جرم شناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
The institution of pardon within Iran's criminal justice system, as one of the instruments of executive criminal policy, has in recent years transcended its traditional function as a manifestation of sovereign mercy and has evolved into a regulatory mechanism for managing the penal population. In this context, the Criteria-Based Pardon Circular issued by the Head of the Judiciary in September 2025 (Shahrivar 1404) introduces a novel approach to granting pardons to convicts, grounded in objective and transparent criteria. Adopting a descriptive-analytical method and proceeding from the fundamental premise that pardon constitutes an instrument of criminal policy, this study seeks to evaluate the aforementioned circular. The aim of this research is to conduct a systematic analysis of the circular from a criminal policy perspective, in order to elucidate its objectives, scope of impact, innovations, and potential tensions. From this standpoint, the study may play a significant role in informing future policy-making. The central research question is: which model of criminal policy does the Criteria-Based Circular of 1404 (2025) reflect within Iran's criminal justice system, and what policy-oriented distinctions does this standardized pardon exhibit in comparison with previous practices? The findings indicate that this comprehensive pardon, rather than being predicated upon judicial individualization, is primarily governed by the logic of managerialism in criminal justice. By distinguishing low-risk offences from security-related and major economic crimes, the Criteria-Based Circular reflects a hybrid model combining a differential, lenient approach with an authoritarian one. The broad inclusion of convicts—encompassing both intentional and unintentional offenders—underscores the objective of reducing prison overcrowding and controlling the costs of the criminal justice system.
کلیدواژهها English