Thesis:

barresi siast jenayi hoquq jazaye iran dar khsus mojazat jaygzin hebs ve tasir an bar pishgiri az vaghu jaram

This research investigates the criminal policy of the Iranian penal system regarding alternative sentencing to imprisonment and its impact on crime prevention. Historically, imprisonment—dating back to pre-Islamic eras and acknowledged in the Holy Quran (though not In its contemporary form)—has been utilized as a primary punitive measure. With the expansion of human societies and rising crime rates, imprisonment was increasingly adopted as a standard response for most offenses, as reflected In the nineteen degrees of severity outlined in Article 19 of the Islamic Penal Code. However, subsequent pathologizing and analysis revealed that, contrary to the legislator's ultimate goal of offender rehabilitation, excessive reliance on incarceration has not only failed to reform offenders but has paradoxically contributed to higher recidivism rates. Observing the adverse effects of post-incarceration life—including social stigma, marginalization, employment barriers, and the significant economic burden of maintaining prisons—the legislator has shifted toward reducing or eliminating custodial sentences for minor offenses. This shift has been manifested through the adoption of mitigation measures (such as parole, suspended sentences, deferred sentencing, electronic monitoring, and open prison systems) and, more significantly, through the codification of "alternative sentences to imprisonment" In Chapter 9 of the 1392 (2013) Islamic Penal Code, further reinforced by the 1399 (2020) Law on the Reduction of Imprisonment. This research provides a detailed analysis of these alternative and mitigatory sentences, examining their application by judges, the challenges associated with each, and their effectiveness In preventing crime and recidivism. Furthermore, the study explores the evolving criminal policy of the state, which has shifted from the high costs of Incarceration toward more sustainable models, such as community service and daily fines, which may provide economic benefits to the state. Finally, the study concludes with practical recommendations intended to enhance the efficacy of these policies within the Iranian legal system.

Keywords: Keywords: Criminal Policy, Alternative Sentences, Imprisonment, Crime Prevention, Recidivism, Islamic Penal Code. A study of the criminal policy of Iran's criminal law regarding alternative punishment to imprisonment and its impact on crime prevention.