The conception of the depenalization, it's origin,
The strategic approach to it and the unforeseen outcome of applying it
, are the subject matter discussed in four separate chapters of the
thesis.
The major question has been responded to in this
thesis is this: if the depenalization is applicable to the criminal
system of iran.
depenalization like many concepts in the human
sciences contains or implies various means. In general mean,
depenalization indicate all of mechanism of mitigation in the criminal
system. Such approach to depenalization because of partly coninciding
with concepts like decriminalization and the diversion, incudes and
affects many procedures and institutions of criminal system.
In restricted mean, depenalization without
dispensing with the criminality of committed offences and accepting the
phased judicial process, includes all kinds. of mitigations in the
process of implementation of sanctions. the general mean of
depenalization is 'nt a subject matter that can comprehensively be
discussed in a single research. Therefor dimentions and reflections of
the limited mean of this term in the Iranian cnimial system can be
considered at two level: the strategic approach and its unforeseen
outcomes.
In terms of the latter, depenalization contians a
series of mitigation, suspentions, substitutions (alternative
sanctions)…
That everyone been provided on the basis of related
gools while promoting and developing criminal policy.
But depenalization as a strategic approach ,
specialley in the recent five years , at first instance, in judicial
level and then in legislative one , has been considered as a conduit to
going out of the problematic situation of criminal system and resolving
at least some related problems.
Depenalization or process of depenalization has been
considered and been disussed in classical criminal sciences but under
different and various terms and concepts, including mitigatin of
sanctions , personalization of sanctions and substitution of souctions
and penalties. But this term at the light of new currencies of criminal
policy. That is, criminology of social reactions , has been considered
as a main approach in the criminal policy according to such currencies,
crime and delinquency is result of malfunction of criminal justice in
different levels and on this base, it must be avoided to extend the rang
of intervention of criminal system