The Criminological Survey of Article 38 of the Islamic Penal Code of Iran (1392)

The reduction of volume of crime or change of its kind in the step of sentencing by judges is one of methods to balance criminal justice responses with convicts’ specifications, the realities relate to convicts and crime victims that it has been entered to the criminal system by the connection between criminology and penal code. With regard criminological Criminal authorities of Iran in Article 38 of the Islamic Penal Code (1392) have known standards for reducing the volume of crime or change of its kind. Some of these orientations are rooted in theoretical criminology policy. These standards mostly taken victimological findings have been predicted. Sometimes crime occurs with effectiveness of behaviors and discourses and the situation of crime victims. Obviously, in such circumstances crime victims should be blamed and according to this reducing the volume of convicts’ punishments or creating moderation can play role in establishing criminal justice responses more realistic. Moreover, some of mitigating orientations of punishments conclude bases in clinical criminology. In the light of this branch, it is completely necessary to be criminal justice responses coincident with convicts’ individuals. Therefore, criminal justice systems can apply lightening mechanisms such as the mitigation of punishment for those convicts who have capacity of rehabilitation. Consequently, Article38 of the Islamic Penal Code (1392) has stated the reduction of punishments from the perspective of victimology and rehabilitation.