Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law

Abstract

Probation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator has predicted the possibility of suspending their sentence for the sake of accommodating them with social norms and preventing the re-commitment of the criminal acts in case of necessary conditions. Probation before judgment has been established based on the principle of individualizing of punishments and is part of the institutions of pardon for the offenders. In the present text, we study the fundamentals and the domains of probation before judgment, its formatives, and substantial conditions and abolition of probation before judgment inthe Islamic Jurisprudence, the Iranian Law, and the United States Code.