نوع مقاله : مقاله پژوهشی
نویسنده
کارشناس ارشد حقوق جزا و جرمشناسی، دانشگاه آزاد اسلامی واحد بندرعباس، بندرعباس، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Execution of judgments is the most dangerous stage of the judicial process, which can guarantee individual and public rights. In this regard, the judge of the execution of criminal sentences entered Iran's criminal law with the aim of individualizing and deterring punishments, and, in order to implement this goal at the stage of sentence execution, along with social workers and other institutions related to the pathology and clinical examination of the convict, a definitive punishment is in force. According to his/her current character and during the time period of execution of the sentence, he/she adjusts and implements it, so that after issuing the sentence and during the appeal process, the convicted person is placed in the hands of the judge who executes the criminal sentences, and this judicial authority can in order to realize and guarantee the principle of individualization of punishments, personalization of punishments, the principle of equality of arms, the principle of the legality of crime and punishment, and the correct supervision of the execution of criminal sentences, it should play an effective role, and by having a modifiable approach, in addition to creating reconciliation at the community level , provides a suitable space for the implementation of justice and makes all people partners in the implementation of this justice. Of course, the powers of the execution authority are supervisory and executive powers, and they do not have the right to adjust and modify the punishment. Therefore, individualizing punishments can play an important role in preventing criminals from returning to crime. The legislator should also expand the authority of the judge to execute the criminal sentences and try to solve the existing legal challenges.
کلیدواژهها [English]
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