Examining the Postponement of the Issuance of a Criminal Sentence from a Legal and Moral Perspective

One of the goals of criminal policymakers in applying criminal responses is to rehabilitate the offender to avoid repeating his crime. Postponement of sentencing is an institution that can achieve their goals in reforming criminals, and has entered into the Iranian penal system under some French law. The main purpose of this article is to explain the institution of deferral in Iranian law from a moral and legal perspective. In terms of purpose, the research is a part-time applied research and in terms of data collection method, it is a library. The collected information has been analyzed analytically and descriptively. Studies show that in some countries, the moral condition is that the accused agrees to the postponement, but in some cases, instead of stating the conditions for issuing the postponement, by providing a rule, the authority determines its compliance with the characteristics of the perpetrator and the crime situation. While the Islamic Penal Code, despite not specifying the consent of the accused, has more accurately enumerated the conditions of the institution to postpone the issuance of the sentence.

The purpose of this study is to find an answer to the question of whether the consideration of this moral condition is accepted by the Iranian criminal law system or not in other countries, including Turkey, which has somehow accepted this condition has been successful. Is or not. The results of this study showed that ethics has a special place in the legal system and this has always been accepted.