Институт отсрочки исполнения наказания в Исламской Республике Иран

Abstract

Introduction. The article is devoted to the criminal law characteristics of the institution of deferred punishment in the Islamic Republic of Iran, analyzes the content and mechanism of its application, taking into account the influence of the legal system in force in the state and cultural traditions. The key reason for the increased scientific interest in conducting research within the framework of the criminal law of the Islamic Republic of Iran is that Islamic criminal law has an impact on all spheres of public life of the state, which is determined by the crucial importance of Muslim religious laws in the current legal system, as well as very specific features of the content of normative legal acts.Purpose. By analyzing the institution of deferred punishment in the Islamic Republic of Iran, to determine the exceptional features of the content and mechanism of application of this institution. To assess the impact of the current legal system and cultural traditions on the formation of the institution of deferred punishment. To analyze the limits of judicial discretion in the application of the institution of deferred execution of punishment.Methods. The methodological basis of the research is a combination of general scientific and private scientific methods. In the course of scientific research, for the most part, the general scientific method of cognition, the logical-structural method of analyzing legal norms, analytical and logical methods of scientific research were used.Results and conclusions. Conducting a study of the legal system of the Islamic Republic of Iran, in particular, the institution of the application of deferred punishment, taking into account the historical and religious and moral characteristics of the Arab East, is a significant study, the results of which can be used to better understand the issues of Islamic criminal law and assess its impact on public relations, as well as in future scientific research on making proposals for borrowing from other States the experience of using this institute, development of new approaches and amendments to the criminal law legislation.