Corrective Action of Punishments in the Light of Retributive Developments: from the Corrective Approach of Criminals in Prison to Community- Oriented Strategies

Document Type : Original Article

Author
Mahdi Moradi Kuchi
Master of Criminal Law and Criminology and Judge of Justice
10.22034/flj.2020.111269
Abstract
Rehabilitation and treatment of punishments have changed in the process of retributive justice developments. An examination of the history of retributive justice suggests that this function was once considered by corporal policymakers through corporal punishment, then in prison, and finally through community-oriented punishment. The transformation in penalties from the preventive theory of punishments to community-centered measures has created a paradigm shift in the rehabilitation of offenders. So that the correction of criminals has been achieved in a more just and desirable way. The present article examines this issue and concludes that the judges' use of the institutions provided in the Islamic Penal Code adopted in 2013, including alternative punishments to imprisonment, the institution of postponing the issuance of sentences and the institution of exemption from punishment by judges can guide Iran's criminal policy in this regard to a new level while avoiding the adverse effects of rehabilitating criminals in a closed environment (prison).
Keywords
Moral rehabilitation
Medical treatment
Social rehabilitation
Evolutions of criminal law
Alternative imprisonment