Document Type : scientific
Authors
1
Associate Professor, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.
2
2. MA Graduate in Criminal Law and Criminology, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.
Abstract
With the development of criminal law theory and the advancement of concepts such as reconstruction and rehabilitation of the convict, the attention of jurists and scholars has been drawn to the process of punishment execution, leading some jurists to advocate for the specialization of the judge supervising this execution. The efforts of jurists and scholars have resulted in the formation of a specialized judicial body for supervising the execution of punishments. Although the legislators of France and Iran have followed the principle of specializing the supervising judge, the organizational positions of their supervisory bodies and the scope of punishments subject to their supervision differ. In France, the supervision of custodial and certain liberty-restricting sentences is entrusted to the juge de l’application des peines (Judge for the Enforcement of Sentences) (judge responsible for the enforcement of sentences), who is selected from among sitting judges. In Iran, on the other hand, the Judge for the Enforcement of Criminal Verdicts operates under the supervision of the public prosecutor and oversees a broader range of punishments, not limited to custodial or liberty-restricting sentences. The findings of the present research, conducted using a descriptive-analytical method, reveal that real and purposeful judicial supervision is not achieved merely by the intervention of any judge in the execution process to pursue and follow up on the punishment. Rather, such supervision, on the one hand, requires the intervention of an independent and impartial judge as the supervising judge, who must possess characteristics such as judicial experience and knowledge of penal requirements and prohibitions. On the other hand, binding supervisory authority and a position superior to the administrative officials overseeing the punishment's execution must be envisaged for this judge. Based on this criterion, judicial supervision over the execution of punishments in French law, compared to Iranian law, has assumed a more judicial character and has taken a positive step towards realizing the modern objectives of punishment.
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