Specialized judicial supervision at Sentence Execution “Comparative study in French and Iranian law”

Articles in Press

Document Type : scientific

Authors

1 Associate Professor, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran

2 Master's degree in Criminal Law and Criminology, Department of Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran

Abstract

With the advance in criminal law thoughts, the emergence of redevelopment concepts, and the defeated party’s rehabilitation, Jurists' and thinkers’ attempts have led to the formation of a specialized judicial institution to supervise punishment execution.
Although France and Iran's legislators comply with the principle of presiding judge specialization, the organizational position of presiding institutions and punishments included in their presiding are disparate. France's legislator has assigned the responsibility of supervising the punishment execution to the Judge Applicator of the Punishments that is chosen among the passing judges. Whereas, Iran legislators have predicted the execution judge of criminal judgment works under the directorship of the prosecutor, supervision on the punishment execution of this judge is not limited to punishment execution resulting in deprivation of freedom and restricting freedom.
Undoubtedly, meaningful judicial supervision won’t be ascertained with the judge's interference in the process of execution to pursue the punishment execution. On one hand, this supervision required an independent and impartial judge’s interference as a presiding judge which needs judicial experience and knowledge of criminal dos and don'ts. On the other hand, binding supervising jurisdictions and a position higher than presiding administrative authorities on punishment execution should be predicted.

Keywords

Main Subjects

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 12 May 2025

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