Methods of Influence Exercised by the Authority Responsible for the Execution of Sentences within Leniency Mechanisms in Iranian and French Law
Keywords:
Authority executing punishment, postponement of punishment, suspension of punishment, Iranian law, French lawAbstract
The execution of criminal judgments is one of the most significant issues in criminal law. Analyzing and examining the proper enforcement of criminal judgments and punishments can restore order to society and provide grounds for the protection of the community. In this regard, the execution of punishments within leniency mechanisms constitutes an important subject requiring discussion and analysis, because it represents a relatively modern approach that seeks to establish a conciliatory and mercy-oriented solution in the punishment of offenders. Accordingly, the purpose of this article is to examine the methods through which the authority responsible for the execution of sentences exerts influence within leniency mechanisms in Iranian and French law. This article adopts a descriptive-analytical approach and examines the subject through library-based research methods. The findings indicate that the role of postponement and suspension of sentence execution, temporary suspension of community service performance, exemption from the payment of monetary fines, granting leave to prisoners, reform and rehabilitation of offenders through measures implemented during imprisonment, proposing the reduction, revocation, or conversion of supplementary punishments, and requesting conversion to an appropriate punishment constitute the most important methods through which the authority responsible for sentence execution exerts influence within leniency mechanisms in Iranian law. Meanwhile, postponement, the establishment of judicial social supervision institutions, the judicialization of the sentence execution stage, and the establishment of a security period constitute the most significant methods through which the authority responsible for sentence execution exerts influence within leniency mechanisms in French law.
Downloads
References
Aghaei Jannat Makan, H. (2015). General Criminal Law: The Science of Enforcement of Criminal Judgments (1st ed., Vol. 4). Jangal/Javidaneh Publications.
Ahmadi Movahed, A. (2008). Enforcement of Criminal Judgments (3rd ed.). Mizan Publications.
Amid, H. (2005). Amid Persian Dictionary (10th ed.). Amir Kabir Publications.
Amili, M. i. a.-H. (1993). Wasa'il al-Shi'a (1st ed., Vol. 28). Islamic Publications Office.
Amiri, M., Ramezani, A., Goldouzian, I., & Salehi, S. (2018). A Comparative Study of the Position of the Judgment Enforcement Institution in the Criminal Systems of Iran, France, and England. Comparative Law Studies Quarterly, 1(2), 493-519.
Ardabili, M. A. (2009). General Criminal Law (17th ed., Vol. 2). Mizan Publications.
Ashouri, M., & Rahmat, M. (2014). A Dignity-Oriented Criminological Model of Pretrial Detention in Criminal Procedure. Criminal law doctrines, 2(7), 3-26.
Bakhtar, S. A. (2009). Enforcement of Criminal Judgments in Regulations, Laws, and Judicial Practice (3rd ed.). Jangal/Javidaneh Publications.
Bouloc, B. (2008). Penology (6th ed.). Majd Publications.
Breen, J. (2008). Prisoners' Families and the Ripple Effects of Imprisonment. Studies: An Irish Quarterly Review, 97(385), 59-71.
Dadsetan, P. (2010). Criminal Psychology (7th ed.). SAMT Publications.
Danesh, T. Z. (2002). Prisoners’ Rights and Penitentiary Science (3rd ed.). University of Tehran Press.
Delmas-Marty, M. (2002). The Major Systems of Criminal Policy (1st ed.). Mizan Publications.
Ebrahimi, M. (2016). The Position of the Social Worker in the Criminal Procedure Code and the Islamic Penal Code Islamic Azad University, Central Tehran Branch]. Tehran.
Ebrahimi, S. (2012). Fair Rehabilitation of Offenders. Criminal law doctrines, 1(3), 151-176.
Ebrahimi, S., & Izadi, A. (2012). A Comparative Study of Correctional and Therapeutic Strategies at the Stage of Prison Sentence Enforcement in Iran and Canada. Criminal Law Research Quarterly, 3(2), 29-60.
Haji Dehabadi, A. (2009). Correction of Offenders in Legislative Criminal Policy. Private Law Studies Quarterly, 39(3), 83-104.
Kolb, P., & Leturmy, L. (2019). Lessons from French General Criminal Law (1st ed.). Shahid Bahonar University of Kerman Press.
Moein, M. (2002). Persian Dictionary (6th ed., Vol. 1). Adna and Ketab-e Rah-e No Publications.
Mousavifard, S. M., Akhtari, S., Asadi, R., & Momeni, S. (2017). Duties and Powers of the Judge of Judgment Enforcement. First International Conference on Social Sciences, Educational Sciences, Humanities, and Psychology, Tehran.
Najafi, M. H. (1983). Jawahir al-Kalam fi Sharh Shara'i al-Islam (7th ed., Vol. 41). Dar Ihya al-Turath al-Arabi.
Najafian, M. (2013). Examining the Institution of the Judge for Enforcement of Punishments in Iranian and French Criminal Law University of Qom]. Qom.
Niazpour, A. (2007). The Right of Defendants to Have a Lawyer in the Criminal Process: A Manifestation of Citizenship Rights. Judiciary Legal Journal, 7(58), 93-118.
Nowbahar, R. (2010). The Principle of Legality of Punishments: A Jurisprudential Analysis of the Right to a Fair Trial (3rd ed.). Shahr-e Danesh Publications.
Ostrom, C. W., Ostrom, B. J., & Kleiman, M. (2004). Judges and Discrimination: Assessing the Theory and Practice of Criminal Sentencing. International Journal for Crime, 8(98), 280-364.
Pourghahramani, B., & Negahdar, I. (2018). Evaluating Judges’ Approach to Applying New Leniency Institutions: A Case Study of Criminal Courts in Kurdistan Province. Journal of Criminal Law and Criminology Studies, 48(2), 189-230.
Sabzevari, S. A.-A. (1992). Muhadhdhab al-Ahkam fi Bayan al-Halal wa al-Haram (4th ed., Vol. 28). Al-Manar Institute.
Tabasi, N. a.-D. (1995). Mawarid al-Sijn fi al-Nusus wa al-Fatawa (1st ed.). Publications Office of the Islamic Propagation Office of the Qom Seminary.
Vold, G., Thomas, B., & Snipes, J. (2011). Theoretical Criminology (4th ed.). SAMT Publications.
Williams, F. P., & McShane, M. D. (2004). Criminological Theory. Mizan Publications.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Abdolreza Rezaei (Author); Batool Pakzad; Hamidreza Adabi (Author)

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.