|
The Legal Basis of the System of Refraining from Pronouncing Punishment in Comparative Criminal Legislation: A Critical Analytical Study
|
Kareem Abdulmahdi Hadi1   , Abolfath Khaleghi *2 |
1- Ph.D Student of Criminal Law and Criminology, University of Qom, Qom, Iran.
2- Professor, Department of Criminal Law and Criminology, University of Qom, Qom, Iran. |
|
|
Abstract: (6 Views) |
This study examines the legal basis of the system of refraining from pronouncing punishment under Iraqi and Iranian legislation, as a manifestation of the development of modern criminal policy and its shift toward individualized penal treatment and the achievement of a balance between protecting society and rehabilitating offenders. It aims to analyze the legal provisions governing this system, clarify its legal nature, conditions of application, and effects, and identify the similarities and differences between Iraqi and Iranian legislation. The study proceeds from the premise that contemporary criminal policy is no longer confined to deterrence and punishment, but increasingly emphasizes offender rehabilitation and the reduction of the adverse effects of short-term custodial sentences. In this context, it examines the relationship between refraining from pronouncing punishment and the principle of individualized sentencing, distinguishing this system from the suspension of sentence and other similar legal mechanisms, while clarifying its legislative basis in the two legal systems under comparison. The study also addresses the limits of judicial discretion in applying this system and the extent to which such discretion is subject to legal safeguards, the requirement to provide reasoned judgments, and judicial review. It adopts an analytical, comparative, and critical approach to evaluating the adequacy of the relevant legislative provisions in Iraq and Iran, identifying their shortcomings, and proposing recommendations for improving the legal framework governing this system in a manner that strengthens the guarantees of criminal justice and ensures proportionality between the circumstances of the offense, the offender’s personal characteristics, and the requirements of the public interest.
|
Article number: 7 |
| Keywords: Refraining from Pronouncing Punishment, Individualization of Punishment, Criminal Policy, Judicial Discretion, Criminal Rehabilitation, Social Reintegration, Suspension of Sentence |
|
|
Full-Text [PDF 464 kb]
(3 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2026/10/24 | Revised: 2026/10/28 | Accepted: 2026/10/28 | Published: 2026/10/28
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
.png)
