The Effectiveness of Taʿzir Penal Policy in the Iranian Legal System from the Perspective of Postmodern Criminology: With Emphasis on the 2020 Law on the Reduction of Taʿzir Imprisonment Sentences
Keywords:
Penal policy, discretionary punishments (*ta‘zir*), postmodern criminology, the Law on the Reduction of Discretionary Imprisonment Sentences, restorative justice, individualization of punishmentAbstract
Recent developments in Iran’s criminal policy, particularly the enactment of the 2020 Law on the Reduction of Taʿzir Imprisonment Sentences, reflect the legislature’s efforts to move away from the traditional imprisonment-centered approach and toward rehabilitative and restorative models. The present study aims to evaluate the effectiveness of taʿzir penal policy within the Iranian legal system from the perspective of postmodern criminology, with particular emphasis on recent legislative reforms. This study employs a descriptive-analytical method and is based on documentary research. Data were collected through the examination of library sources, criminal laws, and regulations, particularly the 2013 Islamic Penal Code and the 2020 Law on the Reduction of Taʿzir Imprisonment Sentences, and were analyzed through the theoretical framework of postmodern criminology. The findings indicate that the development of leniency mechanisms, expansion of alternatives to imprisonment, enhancement of the victim’s role, greater judicial discretion in the individualization of punishment, and increased attention to restorative justice demonstrate the gradual movement of Iran’s criminal justice system toward the standards emphasized by postmodern criminology. Nevertheless, the continuing reliance on imprisonment in numerous criminal statutes, the limited scope of certain leniency mechanisms, and implementation deficiencies in the field of decarceration remain among the principal obstacles to achieving the full effectiveness of taʿzir punishments. In recent years, Iran’s taʿzir penal policy has increasingly moved toward rehabilitation, reduced penal intervention, and the strengthening of restorative justice; however, the full realization of the standards of postmodern criminology requires reconsideration of imprisonment-oriented policies, further development of the institutional and administrative infrastructure for alternative sanctions, and reinforcement of mechanisms for the individualization of punishment.
References
Abedi, A. (2020). A Practical Perspective on the Law on Reducing Ta'zir Imprisonment. Ketab-e Taha Publications.
Ardabili, M. A. (2022). General Criminal Law (25th ed., Vol. 3). Mizan Publishing.
Becker, H. (1963). Outsiders: Studies in the Sociology of Deviance. Free Press.
Ebrahimi, A. (2025). A Postmodern Criminological Approach to Punishment [Master's thesis, University of Kurdistan, Faculty of Humanities and Social Sciences].
Foroughi, M. (2017). A Critique of the Effects of Postmodernism on Public Law with Emphasis on Minority Rights in the Iranian Legal System [Master's thesis, Islamic Azad University, Marvdasht Branch, Faculty of Educational Sciences and Psychology].
Garland, D. (2001). The Culture of Control: Crime and Social Order in Contemporary Society. Oxford University Press.
Henry, S., & Milovanovic, D. (2000). Constitutive criminology: Origins, core concepts, and evaluation. Social Justice, 27(2), 1-23.
Hosseinzadeh, F. (2025). Characteristics and Challenges of Postmodernism in the Recognition and Guarantee of the International Human Rights System [Master's thesis, University of Qom, Faculty of Law].
Irani, A., Najafi Hajipour, M., & Najibian, A. (2015). Analysis of the Extent to Which Critical Criminological Thought Is Reflected in the 2013 Islamic Penal Code. Criminal Law Thoughts, 1(1).
Jamali, F. (2022). An Analysis of the Impact of the Transformation of the Political on the Nature of Citizenship Rights: With Emphasis on the Transition from Modernity to Postmodernism [Master's thesis, University of Birjand, Faculty of Literature and Humanities].
Karami Golbaghi, H. (2019). A Study of Hate-Based Crimes in Iranian and U.S. Criminal Law [Master's thesis, Imam Khomeini International University, Faculty of Social Sciences].
Najafi Abrandabadi, A. H., & Goldouzian, H. (2017). Postmodern Criminology and Its Approach to Crime and Criminal Etiology. Criminal Law Research Quarterly, 6(23), 9-46. https://doi.org/10.22054/jclr.2018.22508.1429
Sadeghi, S. (2016). A Legal and Criminological Study of Hate Crimes: With Emphasis on the School of Postmodern Criminology [Master's thesis, University of Tabriz, Faculty of Law and Political Science].
Sepehvand, E. (2020). Postmodernism and International Law: A Critique of Legitimizing the Fluidity of International Law [Master's thesis, School of International Relations, Ministry of Foreign Affairs, Department of Diplomacy and International Organizations].
Shokri, A. (2015). Postmodernism and Its Impact on Iranian Public Law [Master's thesis, Islamic Azad University, Marvdasht Branch, Faculty of Humanities].
Zorvani, S. (2018). The Nature of Crime from the Perspective of Critical Criminology [Master's thesis, Islamic Azad University, Bam Branch, Faculty of Literature and Humanities].
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Copyright (c) 2025 Sedigehe Chehregani Montazer (Author); Reza Faani (Corresponding author); Dadyar Hadi, Aireza Ismailzad (Author)
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