The Pathology of Penal Support for Personal Liberty in Iranian Criminal Law

The right to personal freedom, in the sense where it denotes freedom from physical imprisonment, is a fundamental right. This right acts as a basis and thus violating it will result in other rights and freedoms being violated. Based on this point of view, supporting the right to personal freedom requires intricate criminal legislation. Taking this into account, the legislator has, in a somewhat disorganized way, issued laws to defend the personal freedom of citizens.The aim of this research is to study the pathology of the laws, which support the right to personal freedom in the field of crimes and punishments. The research data demonstrates that, the consequences of having flawed, incomplete and vague criminal legislation and unbalanced punishments have led to shortcomings in the Iranian legal system's efficiency in its criminal defense of the right to personal freedom. Therefore, the unitary and general criminalization of the violation of personal freedom and related crimes and a balanced application of reasonable punishments can help to solve these problems.