Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law

Probation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator h...

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Main Authors: Sadegh Salimi, Mohammadali Kanani
Format: Article
Language:fas
Published: University of Qom 2015-05-01
Series:پژوهش تطبیقی حقوق اسلام و غرب
Subjects:
Online Access:https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdf
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author Sadegh Salimi
Mohammadali Kanani
author_facet Sadegh Salimi
Mohammadali Kanani
author_sort Sadegh Salimi
collection DOAJ
description Probation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator has predicted the possibility of suspending their sentence for the sake of accommodating them with social norms and preventing the re-commitment of the criminal acts in case of necessary conditions. Probation before judgment has been established based on the principle of individualizing of punishments and is part of the institutions of pardon for the offenders. In the present text, we study the fundamentals and the domains of probation before judgment, its formatives, and substantial conditions and abolition of probation before judgment inthe Islamic Jurisprudence, the Iranian Law, and the United States Code.
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spelling doaj.art-a9fcdb47e8854bd3a3d33e20354592962024-03-31T19:04:42ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212015-05-01218110810.22091/csiw.2015.10221022Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States LawSadegh Salimi0Mohammadali Kanani1استادیار دانشکده حقوق دانشگاه آزاد اسلامی واحد تهران مرکز.دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه آزاد اسلامی واحد تهران مرکزProbation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator has predicted the possibility of suspending their sentence for the sake of accommodating them with social norms and preventing the re-commitment of the criminal acts in case of necessary conditions. Probation before judgment has been established based on the principle of individualizing of punishments and is part of the institutions of pardon for the offenders. In the present text, we study the fundamentals and the domains of probation before judgment, its formatives, and substantial conditions and abolition of probation before judgment inthe Islamic Jurisprudence, the Iranian Law, and the United States Code.https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdfprobation before judgmentsimple suspensionobservatory suspensionperiod of careexemption from punishment
spellingShingle Sadegh Salimi
Mohammadali Kanani
Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
پژوهش تطبیقی حقوق اسلام و غرب
probation before judgment
simple suspension
observatory suspension
period of care
exemption from punishment
title Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
title_full Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
title_fullStr Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
title_full_unstemmed Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
title_short Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
title_sort probation before judgment in the islamic jurisprudence the iranian law and the united states law
topic probation before judgment
simple suspension
observatory suspension
period of care
exemption from punishment
url https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdf
work_keys_str_mv AT sadeghsalimi probationbeforejudgmentintheislamicjurisprudencetheiranianlawandtheunitedstateslaw
AT mohammadalikanani probationbeforejudgmentintheislamicjurisprudencetheiranianlawandtheunitedstateslaw