Rehabilitation: Comparison of the Islamic Penalty Proposal with the Islamic Penal Law and the Previous Public Penal Law

Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including rehabilitation (legal, judicial and real) in order to prevent the crime repetition and to provide these actives with an open socialization process. The rehabilitation strategy which is rooted in the France Penal Law was adopted by the Iranian lawmaker in 1925, along with its defects. In 1973 the defects were nearly overcome. After the Islamic Revolution the strategy was nullified; since it was announced as non–religious by the supreme Judicial Council. Therefore, a considerable gap was appeared in the country's penal law. Then under the pressure of the positive and realistic criticisms of the lawyers and criminologists, the law maker revived the rehabilitation in 1998 as in the form of the repetitious article 62 of the Islamic Penal Law. The stance taken by the law is appreciable; however it has some essential defects. Now the Islamic Penal proposal has devoted its 25 and 26 articles (with some changes) to this problem whose comparison with the earlier regulations is the main purpose of this paper.