Abstract

MASOUMI, Seyyed Karim; AGHAEI, Jaan Ahmad; NEJAD, Mohammad Reza Nazari  and  HAKIMIHA, Saeed. Lenity based institution of deferment of judgment in Iranian and French law. Conrado [online]. 2020, vol.16, n.72, pp.57-66.  Epub Feb 01, 2020. ISSN 2519-7320.

It seems that although the issue of deferment has been always disputed by the theoreticians and legal experts and some scholars are of the view that the convict after committing a crime must be punished following the criminal procedure, investigation and sentencing and of course, considering the proper penalty abatement, because postponement leads to the failure of appropriate action as regards the antisocial crimes. However, given the fact that a crime might be committed by individuals under certain conditions, e.g. the convict may be young or the crime might have occurred for noble causes or the crime would be antisocial, there is always a need for lenity and providing the proper opportunity and ground so that these convict could return to the society again and the institution of deferment can be an appropriate tool for the judge to provide the convicts with the required opportunity. The basis of the philosophy of deferment of judgment is the theory of labeling. In fact, by deferral of the judgment the judicial authorities seek not to judge the convicts with the conviction label. According to law, the court does not have the jurisdiction to defer the sentence in all types of crimes. However, in the domain of discretionary crimes, which indeed hosts most of the crimes, the court can defer the judgment after finding the convict guilty.

Keywords : Lenity Based Institutions; Deferment of Judgment; Simple Deferment; Surveillance Deferment.

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