نوع مقاله : علمی - پژوهشی
نویسندگان
1 : استادیار پردیس فارابی دانشگاه تهران
2 فارغ التحصیل دوره دکترای حقوق جزا و جرم شناسی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the sentencing institutes that is somehow as same as probation and impunity is Adjournment of the issuing of judgment. When guilty is proved, a judge can issue this order and avoid determining sentence. So, punishment is not applied like probation but it differs from probation because sentence is determined. Therefore, the adjournment of the issuing of judgment is something between probation and impunity: delaying in justice or changing in justice. We say Delay, because it is not compatible with this traditional rule that if the guilty is proved, punishment must be applied. Since punishment is not applied in adjournment of the issuing of judgment, its usefulness is doubt in Iran. In contrast, it must be said that adjournment changes the justice, because adjournment is a new justice institute. This finally results in judgment. This judgment is one of these two: if a person under adjournment obeys the order of court, he will be finally released and if not he will be sentenced. Since the remedies must be paid to victim and the high cost of punishment specially prison is lost here, this situation can be useful for both victim and society.
کلیدواژهها [English]
منابع
الف) فارسی
ب) انگلیسی
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