Analysis of the Legislative and Judicial Consequences of the Law on the Reduction of Ta‘zir Imprisonment Sentences (2020) in Light of the Deincarceration Policy in Iran’s Criminal Justice System

Abstract

The Law on the Reduction of Ta‘zir Imprisonment Sentences, enacted in 2020, can be regarded as one of the most significant legislative developments in Iran’s criminal justice system in line with the policy of deincarceration. Through extensive amendments to the scope and manner of imposing ta‘zir punishments, the expansion of alternatives to imprisonment, and the limitation of imprisonment-centered sanctions, this law seeks to reduce the prison population and enhance the effectiveness of penal responses. Deincarceration, as one of the contemporary approaches in criminal justice, is premised on the assumption that imprisonment not only lacks a rehabilitative function in all cases but, in many instances, exacerbates criminal behavior and imposes substantial social and economic costs. The main issue addressed in the present study is the analysis of the legislative and judicial consequences of implementing the Law on the Reduction of Ta‘zir Imprisonment Sentences in light of the deincarceration policy. More specifically, the study examines whether the reforms envisaged in this law have contributed to the realization of deincarceration objectives at the levels of legislation and judicial practice, or whether legal challenges and ambiguities have hindered the full achievement of this policy. In addition, the effects of this law on judicial discretion, the uniformity of judicial practice, and the guarantee of the principle of proportionality between crime and punishment are examined. The research method adopted in this study is descriptive–analytical and based on documentary analysis. The data were collected through the examination of statutes, legislative deliberations, judicial decisions, advisory opinions, and the views of criminal law doctrine, and were evaluated using qualitative analysis. The findings indicate that, at the legislative level, the Law on the Reduction of Ta‘zir Imprisonment Sentences represents a positive step toward institutionalizing the deincarceration policy; however, at the implementation stage, it faces challenges such as divergent judicial interpretations, lack of coherence in judicial practice, and certain legislative gaps. Finally, it is suggested that the effective realization of the deincarceration policy in Iran’s criminal justice system can be facilitated through the formulation of clear judicial guidelines, specialized training for judges, and the amendment of certain ambiguous provisions.