Criminal Legislation in the Light of Theory of [Legal] Interests (Social Engineering): Emphasizing the Institution of Sentencing Deferment

The legal realism school believes that, without regard to the social conditions, there can be no satisfactory understanding of the science of law and the insights and other findings of the social sciences must be incorporated into science of law. It is desirable for the legislator and the judge to be aware of the social and economic conditions associated with their decisions, as well as the socio-economic effects of it and to be equipped with other social sciences. One of the influential theories within this school is the "Rosco Pound" social engineering theory. He considers the jurist as "social engineer" and law as "society engineering". "Pound" believes that it should seek to create a system of values that can be used to measure conflicting material, and value and balance between them. Balancing the various materials after going to extremes in various historical periods, today is the subject of modern criminal law. The Iranian legislator has pursued three main points in connection with the leniency institutions such as the Institution of Sentencing Deferment in the Islamic Penal Code 1392 (2013); Providing Social Defense, Correction, and reconciliation of the criminal and protection the victim. In the present paper, this institution is analyzed in the context of theory of [legal] Interests with a criminological approach and is examined the rate of success of the legislator in balancing between various materials.