Assessing the Efficacy of the Order to Postpone the Issuance of Judgment in Iranian Judicial Practice: A Comparative Study with English Law

Ketabchiyan, Sepide; Alipur, H; Elahimanesh, Mohammad Reza; Pakzad, B

doi:10.22034/jclc.2025.2062433.1196

Assessing the Efficacy of the Order to Postpone the Issuance of Judgment in Iranian Judicial Practice: A Comparative Study with English Law

Articles in Press

Document Type : Original Article

Authors

sepide ketabchiyan ¹

h alipur ²

mohammad reza elahimanesh ³

b pakzad ³

¹ PhD student in criminal law and criminology, Islamic Azad University, North Tehran

² Assistant Professor, Department of Criminal Law and Criminology, Farabi Campus, University of Tehran.

³ Assistant Professor, Law Department, Islamic Azad University, North Tehran Branch

10.22034/jclc.2025.2062433.1196

Abstract

The institution of “Postponement of the Issuance of Judgment” serves as a modern leniency measure within criminal law, designed to reduce prison populations, facilitate offender rehabilitation, and enhance the overall efficiency of the criminal justice system. Adopting a descriptive-analytical methodology, this study evaluates the practical efficacy of this institution within the Iranian legal system and compares it with similar mechanisms in English law. In Iran, while the Islamic Penal Code (2013) formally recognizes this measure under Article 40, findings indicate that serious deficiencies in judicial capacity, sentencing determination, and execution mechanisms have hindered its effectiveness. Specifically, “Care-oriented Postponement”—which, under Articles 42 and 43, mandates conditions such as counseling, community service, or abstention from specific associations—faces significant implementation hurdles. Due to the absence of sufficient personnel, specialized social institutions, and coordinated mechanisms between courts and social services, judges are often compelled to resort to “Simple Postponement”, which lacks restorative conditions. Conversely, the English legal system employs a structured approach supported by the Sentencing Council and effective supervisory bodies (such as the Probation Service), ensuring that deferred sentencing is implemented with precision and adequate monitoring. The study concludes that the effective utilization of this measure in Iran requires a fundamental revision of the executive structure, the formulation of detailed judicial guidelines, and the establishment of specialized support institutions.

Keywords

Postponement of Issuance of Judgment

Deferred sentencing

Leniency measures

Judicial practice

English Law

Subjects