Analysis of the Performance and Expanded Application of Offender-Favorable Institutions under the 2013 Islamic Penal Code and Their Impact on Community Mental Health

Abstract

The primary objective of criminal proceedings is the proper enforcement of law and justice—two historically intertwined concepts—as well as the discovery of truth. The outcome of law enforcement is the vindication of rights and the attainment of judicial justice. Law belongs to the realm of normative constructs, and this normative institution evolves in accordance with intellectual development and social transformations over time, which manifest themselves in human life. Changes in perspectives toward the personality of the accused, the principle of legality of crimes and punishments, the prohibition of double jeopardy, and numerous other developments introduced into this normative sphere have emerged alongside social progress with the aim of safeguarding the rights of defendants and have served as legislative references for many countries. The rehabilitative and corrective approach toward offenders, reflected in regulations such as the Prison Organization Regulations, emphasizes human dignity—which also possesses a human rights dimension—and places greater attention on offender accountability toward victims and the social reintegration of offenders. From a human rights perspective, the European Convention for the Protection of Human Rights and Fundamental Freedoms (November 4, 1950) emphasizes in Article 1 the necessity of respecting human rights and individual freedoms. Subsequently, Articles 2 and 5 elaborate on fundamental human rights, including the right to life, liberty, and security. Furthermore, in situations where the prosecution of individuals is unavoidable, the Convention underscores the necessity of a fair and impartial trial (Article 6). The increase in Iran’s prison population and the recurrence of criminal offenses during the past two decades indicate the negative consequences of imprisonment and the failure to achieve the objectives intended by the legislature. The enactment of decarceration-oriented laws constitutes one of the mechanisms for reducing the prison population. The Islamic Penal Code enacted in 2013 incorporates provisions relating to alternatives to imprisonment, and the application of these measures can significantly contribute to improving the mental health status of society. The jurisprudential and Islamic legal approach likewise regards imprisonment as a form of punishment that harms not only the offender but also the offender’s family. Such consequences are considered inconsistent with the principles of criminal justice, and where the possibility of substitution or modification exists, the use of alternative measures is recommended.