Deterrence of Exile and Banishment in the Period of Communication

The emergence of the period of communication and the expansion of communication tools have played an important role in reducing or changing the deterrence of punishments such as exile and banishment . According to Articles 285 of the Islamic Penal Code approved in 1392 and 142 of the Regulations for the Implementation of Hudud Sentences approved in 1398, the Moharebin are prohibited from any communication and access to communication tools during their sentence, while there is no similar restriction for perpetrators of crimes such as adultery or pimping. Now the question is, what is the deterrence of the punishments of exile and banishment of the period of communication? The present study was conducted using a descriptive-analytical method and aimed at examining the structural differences and the impact of the period of communication on the deterrence of punishments of exile and banishment of the country. By analyzing the access to communication tools during the sentence and the effect of this access on deterrence, it is clear that the spread of communication tools has challenged the effectiveness of the aforementioned punishments, so that the deterrence of the punishments of exile and banishment of citizenship has decreased and requires a review of the way these punishments are applied. Also, one of the practical solutions to increase the deterrence of these types of punishments in the period of communications is to intensify the monitoring of communication access. This research analyzes the social and legal effects of this phenomenon in the structure of the Iranian penal system.