Feasibility study Private Enforcement of Alternative Social Correction Penalties in Iranian Law with a Comparative Study of Practical Experiences in American Law

The transfer of punishment to the private sector has been repeatedly criticized. Nevertheless, private sector involvement in alternatives to imprisonment or social punishment is on the rise. In the United States, private sector participation in this group of punishments is very significant. In Iranian law, however, this approach is heavily criticized. Nevertheless, the tendency towards this approach can be considered in line with some ideas in criminal law and some regulations. Examining the context of implementing private sector involvement in social penalties first requires addressing the examples of social penalties in the law of different countries, which in this study is the main focus of the American legal system. In the next step, we have tried to examine the implementation contexts of this approach in Iran.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that outsourcing the implementation of some correctional responses to private institutions can have many benefits. Among them, the use of specialized and efficient forces of the private sector in order to increase the efficiency and effectiveness of punishment is a means to achieve the goals of participatory policy and reduce the inflation of the judicial system in the execution of punishments. Consequently, a valuable step can be taken towards the goals of social punishment.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Assigning some of the punishments to the private sector, due to the prevailing interest-based perspective in this sector, can lead to challenges such as lack of justice, profiteering of convicts and exerting more pressure than the offender deserves. But on the other hand, by making a few changes and improvements, in addition to eliminating the disadvantages of this system, its benefits can be used. For example, increasing the strength of the oversight system, transparency and openness in how to execute case and specific punishments and examining the shortcomings and shortcomings in certain time periods, can address these challenges. In Iran, due to the infancy of this approach, it is necessary to further study its various dimensions, as well as to cover legal gaps in this field.