PATHOLOGY OF THE 2019 TAZIRI PENALTY REDUCTION LAW WITH AN EMPHASIS ON JURISPRUDENTIAL COMPONENTS

A sentence is regarded as a kind of social reaction against the criminal phenomenon. In order to regulate social relations between people and maintain the basic dominating values, the society must react to disrespecting  the norms. Among the types of punishments, imprisonment has been criticized by many in recent years for various reasons such as spreading the harmful effects of committing a crime to the criminal's family and society, lack of proper deterrence, high prison costs, prisoners becoming more professional by getting trained by other prisoners. The legislative system has tried to reduce the use of this punishment by presenting alternatives. The Law on Reducing Ta'ziri Imprisonment Punishment was approved and put into effect in 2019. Now, almost a year later, it can be discussed and investigated by explaining the law in terms of legislative, judicial and executive pathological studies, and also the challenges and harms of this law. The following article, based on a descriptive-analytical method, examines the aforementioned law in terms of its fundamentals, as well as in terms of its conflicts with certain principles of criminal law (including the principle of proportionality and individualization), and because of its conflicts with the spirit of the law, disregard for the social facts, criminal inflation and the lack of executive mechanisms, this study finds some flaws with this law.