Possibility of social rehabilitation of criminals in current penal and post penal contexts

Social rehabilitation of criminals from point of view of punishment is one of important issues in criminal policy of most legal systems. This paper aims to provide an implementing process in order to social rehabilitation of criminals as a first step and in second step it considers the hindrance of implementing this process in criminal policy of Iran and expresses the existing harms in penal and post penal scopes. Analyzing of the current regulations and processes in penal contexts shows that in stage of specification and categorization of prisoners in prison organizations, mental and moral pathology of criminals is taken into consideration and not much attention is paid to recognizing and removing social factors of crime.Also after implementation of the crime, there are many problems which hinder rehabilitation of criminals; in one hand, subordinate punishments of the foreclosure of social rights and employment regulations of institutions as not employing those people who have penal records, hinders social rehabilitation and occupation of criminals and in other hand, lack of any efficient contraption in superintendence and effective control of criminals who are released from prison after implementing the sentence, provides the suitable situation for committing the crime by them. The result of the survey represents that preparing a scientific and cohesive basis for implementing the process of social reacceptance of criminals requires taking policy in two aspects of penal and post penal scopes. In penal scopes, it is necessary to recognize and analyze crime creator factors based on analysis of perpetrated crime by criminal and afterward some solutions should be taken for elimination or control of these factors. In post penal scope, it is necessary to remove public hindrances for social rehabilitation of criminals (cultural, social and occupational hindrances) from the way of their reacceptance and also according to right of provisional freedom for all prisoners and effective individual supervision and control on them during that period in order to preventing their tendency toward repeating perpetration of crime.