Correctional and Rehabilitating Discourse in the Islamic Penal Code of 1392

Correctional approach to offenders defined as one of the utilitarian functions of punishments seeking to rehabilitate offenders. Helping offenders to return to the community and become law-abiding members of the community by the help of criminal law has been used following the effectiveness of criminology findings and the requirements and guidance of international instruments on criminal policymakers' decisions in this field. The Islamic Penal Code of 1392 is also influenced by the same approach. Recognizing criminologists’ assistances, engaging the clinical criminology findings, assuming emerging legal institutions such as suspension and alternative punishments, in addition to the development and evolution of previous correctional institutions envisaged in the former legislation, clearly indicate the determination of the legislator in pursuing correctional and rehabilitating policies in Iran criminal system. However, most such correctional measurements are not applicable in all crimes and can only be implemented in some offences with a low grade. In fact, while the legislator approach is appreciated, it is still concerning whether such correctional institutions can be implemented properly due to the necessity of provision of relevant infrastructure and facilities. This article studies the impacts of correctional and rehabilitating approach in both judicial and post-judicial stages within the context of the recent Islamic Penal Code and the Code of Criminal Procedure.