A Comparative Study of Judicial and Executive Approaches to Decongestion in the Legal Systems of Iran and England
Keywords:
criminal prosecution, Extreme criminalization, decriminalization , decompressionAbstract
One of the main challenges faced by criminal justice systems such as those of Iran and England is the accumulation of cases and the increase in the prison population. To address these problems, solutions such as criminal diversion have been proposed, which refers to removing the offender from the formal criminal process from the moment of crime detection to the execution of punishment. In England, derived from the common law system, criminal diversion is carefully and extensively applied at different stages, from pre-trial (by the police, prosecutor, and administrative bodies) to trial (by the judge). Even in certain serious offenses, measures are available to remove low-risk individuals from the formal process. In contrast, in Iran little attention has been paid to these measures, and their use is limited and conditional upon circumstances such as the consent of the complainant. This comparative study has been conducted with three objectives: (1) to demonstrate the advantages of the English approach, (2) to identify the weaknesses and barriers to diversion in Iran, and (3) to introduce England’s model of maximum diversion as a framework for reforming Iran’s criminal policy.
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