Thesis:

Analyzing the institution of postponement of judgment in Iran's judicial procedure, challenges and solutions

The institution of deferred sentencing is a new institution that has no precedent in Iranian law. The institution, which is used only in relation to non-dangerous criminals (especially children), is designed to prevent assistance in their reform and rehabilitation. This study aims to examine the institution of deferred sentencing in the judicial practice of Iran, its challenges and solutions, and was conducted using a library method. The results showed that in this new institution, we witness a special approach to individuals who have committed some petty crimes and the legislator has foreseen the possibility of postponing their convictions, in order to adapt them to social rules and prevent them from committing criminal behaviors again, with the necessary conditions. Deferred sentencing is based on the principle of individualizing punishment and is considered one of the institutions that provide leniency for criminals. In the judicial procedure related to the institution of postponement of sentence and in the Islamic Penal Code of 1392, institutions such as the conditional release system, the semi-freedom system and alternative punishments to imprisonment, suspension of execution of sentence, and in the Criminal Procedure Code, cases such as the order to abandon prosecution, the order to stop investigations and limiting arrests are examples of conciliatory institutions. In the judicial procedure related to this institution, there are challenges such as; examining the conditions of the criminal person having the conditions to benefit from this institution, judicial security, judicial decriminalization and justice-oriented, which legal institutions must consider. Keywords: postponement of sentence, judicial procedure, challenges and solutions.

Keywords: postponement of sentence, judicial procedure, challenges and solutions