Document Type : Original Article
Authors
1
PhD Candidate in Criminal Law and Criminology, Islamic Azad University, North Tehran Branch, Tehran, Iran
2
Assistant Professor, Department of Criminal Law and Criminology, Farabi Campus, University of Tehran, Qom, Iran
3
Assistant Professor, Department of Law, Islamic Azad University, North Tehran Branch, Tehran, Iran
4
Assistant Professor, Law Department, Islamic Azad University, North Tehran Branch
Abstract
The order deferring the pronouncement of judgment, as one of the modern leniency-based institutions of criminal law, plays an important role in reducing the penal population, rehabilitating offenders, and enhancing the efficiency of the criminal justice system. Adopting a descriptive-analytical approach, this study examines the effectiveness of this institution in Iranian law and compares it with analogous mechanisms in the English legal system. The findings show that, notwithstanding the statutory recognition of deferment under Article 40 of the Islamic Penal Code (2013), serious weaknesses in three areas—judicial capacity, the manner of determination, and the mode of implementation—have undermined its effectiveness in practice.Supervisory deferment under Articles 42 and 43 of the Islamic Penal Code (2013) includes requirements such as participation in counseling programs, non-association with specified persons, unpaid public service, and similar obligations. However, because of the lack of adequate personnel, the absence of a designated institution, and the lack of a coordinated mechanism between the courts and social institutions, the implementation of these measures has proved ineffective and has tended to push judges toward the use of simple deferment orders. By contrast, the English legal system, through institutions such as the Sentencing Council and effective supervisory mechanisms, implements deferred sentencing in a purposeful, structured, and closely monitored manner. The article concludes that the effective use of this institution in Iran’s criminal justice system requires reconsideration of the existing enforcement structure, the formulation of judicial guidelines, and the establishment of specialized supporting institutions.
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