Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

An overview of alternatives to imprisonment with an emphasis on community service

Document Type : Review Article

Author
Ali Mohammad Dehghan
Police officer, Master of Private Law, Faculty of Law, Islamic Azad University, Yazd Branch. (Corresponding Author)
Abstract
Criminological studies show that with all the reforms that have been made in the prison system in recent years, which have led to a relative improvement in the physical condition of prisons, the positive, beneficial and expected results on the admission of criminals and the prevention of crime in Did not have a general level; Therefore, in recent years, the issue of alternative punishments to imprisonment has been discussed and the Islamic Penal Code of 1392 has addressed this issue in some articles. The Islamic Penal Code adopted in 1392 has dedicated a separate chapter to explaining the provisions related to alternatives to imprisonment and in Article 64 has listed five types of alternative punishments to imprisonment; That is, the period of care, fines and daily fines, house arrest, deprivation and utility services. One of the alternative punishments is performing public services, according to which the convict is forced to work for free in a public institution. This type of punishment is also intended to rehabilitate and correct the convict by preventing the negative effects of imprisonment. One of the most important principles of community-based punishment of free public services is the correction and social openness of the offender by implementing this punishment in the context of society. Of course, it seems that the same injuries or factors that have caused the ineffectiveness of imprisonment, if it continues, one can not hope that the implementation of alternatives to imprisonment will have the desired result, and the implementation of such alternatives may actually be a way to get rid of Be punished.
Keywords
Imprisonment
alternative punishment to imprisonment
social services
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  • Receive Date 24 December 2021
  • Revise Date 03 January 2022
  • Accept Date 18 January 2022