The comparative study species of penal sanctions from hybridization viewpoint in Iran and French law

Document Type : Research Paper

Authors

1 PhD. student Department of Criminal Law &Criminology, Faculty of Law and Political Science; Shiraz University

2 Associate Professor,Department Criminal Law and Criminology Shiraz University -Shiraz

10.22099/jls.2020.34501.3551

Abstract

Today, the increasing multiplicity of penal sanctions has doubled the need for a fundamental study of the position of each of them in the sphere of the technique of hybridization penal sanctions. The introduction of security measures with a security-based and incapacitation nature in modern and neoconservative criminal law with the aim of managing career criminals and with a punitive nature illustrates the importance of examining the evolution of the penal sanctions. The reflection of this penal policy, which is itself derived from modern criminal policy, both in formal and substantive criminal law in Iran and France, is in a manner that distinguishes between punishments and security measures and determines the governing legislative philosophy. The educational sanctions, medical writs, and judicial supervision, the postponement of the issuance of verdicts, as well as the guarantee of restorative sanctions, have a security nature and in some cases become sanctions with nature of punishment. Although this policy is aimed at managing dangerous criminals, they differ significantly from the usual definitions and criteria in determining the sanctions. the purposeful criminal policy of the legislature in combining the criminal sanctions can be motivated by simplification of responseو as well as, the policy of dealing with dangerous criminals. we believe both of these characteristics may have an emphasis on the criminal policy of managing dangerous criminals.

Keywords

Journal of Legal Studies

Volume 12, Issue 4
Winter 2021
Pages 303-337

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