Abstract
<p>Suspending the passing of sentence is one of the new establishments of the Islamic Criminal Code and in the legal system of our Country, Iran it lacks any legislative background. In this new establishment we are witnessing a specific approach towards individuals who have committed some minor crimes and the legislator for the sake of accommodating them with social norms and preventing the re commitment of the criminal acts in case of existence of necessary conditions has predicted the possibility of suspending their sentence. Suspending the passing of sentence or pronouncing judgment has been established based on the principle of individualizing the judicial procedure of punishments and is part of the institutions of pardon for the committers of crimes. In the present text besides discussing the issue in philosophical terms the fundamentals and the domain of suspending a sentence, its formative and substantial conditions is being studied and scrutinized.</p>
Highlights
Suspending the passing of sentence has been predicted for the first time in the history of legislation of Iran in the year 2013-2014 and is accounted for as one of the innovations this code
Suspending the passing of sentence is one of the new establishments of the Islamic Criminal Code and in the legal system of our Country, Iran it lacks any legislative background. In this new establishment we are witnessing a specific approach towards individuals who have committed some minor crimes and the legislator for the sake of accommodating them with social norms and preventing the re commitment of the criminal acts in case of existence of necessary conditions has predicted the possibility of suspending their sentence
This establishment of the law has been patterned after the western countries and the legal system of France (I.e. articles 60-132 onwards in the penal code of France) (Mosaddeq, 2013:135) The philosophy behind the this legal establishment which is constituted based on the labeling theory is that the court in some cases of minor crimes (i.e. The sixth degree and the eighth degree discretionary punishment) in case of presence of legal conditions become able to exempt the delinquent from punishment prevents him/her from being labeled as a guilty
Summary
Suspending the passing of sentence has been predicted for the first time in the history of legislation of Iran in the year 2013-2014 and is accounted for as one of the innovations this code This establishment of the law has been patterned after the western countries and the legal system of France (I.e. articles 60-132 onwards in the penal code of France) (Mosaddeq, 2013:135) The philosophy behind the this legal establishment which is constituted based on the labeling theory is that the court in some cases of minor crimes (i.e. The sixth degree and the eighth degree discretionary punishment) in case of presence of legal conditions become able to exempt the delinquent from punishment prevents him/her from being labeled as a guilty. Considering that this establishment has newly arisen in the law of Iran and it requires recognition and consideration of its pillars and conditions, aftermath, the competent authority to pronounce judgment, the formative and essential conditions of the verdict, and the factors of nullifying this nascent legal establishment until besides explaining the subject it becomes possible to witness the time for the attention of the courts and the legal society to this efficient establishment
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