تبديل مجازات هاي تعزيري و بازدارنده در حقوق كيفري ايران

Substitution of discretionary and deterring punishment in criminal law of Iran

Beside legal institution like legal and judicial exemption, substitution of punishment is a suitable policy to individualism (in sentences), confine short term imprisonment and realization judicial justice and just punish. Replacement of punishment divides into two category: legal (discretionary) and judicial. The former is confined narrowly by law but the latter is subject to circumstances of mitigation of punishment and judge can replace all of discretionary and deterring punishment provided in law to another kind of punishment with this circumstances. Mitigation of punishment and changing sort and nature is some effects of replacement. In our laws, Nevertheless replacement can use to aggravate like to mitigate. Beside discretionary and deterring punishment, replacement can almost use in HODOD (fixed punishment has been predicted in Islam) and Retaliation. Replacement of HODOD is subject to conditions provided in law. In retaliation, there is another kind of replacement can be called individual replacement. It occurs when victim or his/her parentʹs demand. Judicial replacement is common in discretionary and deterring punishment.