Evaluation of new human rights policies in reducing punishment of taziri imprisonment

With the humanization of the rights process, we are witnessing a transition from the sovereignty-oriented approach to the thought of human rights. A paradigm that is associated with changes in the internal regulations of governments in compliance with international obligations under human rights documents. The change in the nature and form of imprisonment is one of the cases that in this research we will evaluate the new human rights policies in reducing the punishment of penal servitude in Iran's penal system.

This article is written in a descriptive-analytical way.

In the new structure of punishments, although imprisonment is not eliminated, efforts are made to prevent its pivotal role and the increase in the number of prisoners. For this reason, the amendment and refinement of criminal laws in order to use less prison sentences and reduce the prison population is inevitable. In Iran, the law on reducing the punishments of penal servitude approved on 2020-5-12 hastily and without taking into account some of the consequences of execution and release. It was approved according to the customary method of law-making and with the motive of reducing prison sentences, it will create problems for the courts in practice. Regarding the theoretical foundations, the tendency to enact a law to reduce the punishment of penal servitude can be attributed to the theory of pure tolerance and compliance with the principle of proportionality of punishment. Ha pointed out that in addition to the factors of tendency to enact a law to reduce prison sentences, it should also be noted that judges do not use alternative punishments of imprisonment and the increase in the economic cost of prison.