Suspending the Passing of Sentence (Probation before Judgment)

  •  Esmael Afrasiabi    
  •  Mohammadali Kanani    


Suspending the passing of sentence is one of the new establishments of the Islamic Criminal Code and in the legal system of our Country, Iran it lacks any legislative background. In this new establishment we are witnessing a specific approach towards individuals who have committed some minor crimes and the legislator for the sake of accommodating them with social norms and preventing the re commitment of the criminal acts in case of existence of necessary conditions has predicted the possibility of suspending their sentence. Suspending the passing of sentence or pronouncing judgment has been established based on the principle of individualizing the judicial procedure of punishments and is part of the institutions of pardon for the committers of crimes. In the present text besides discussing the issue in philosophical terms the fundamentals and the domain of suspending a sentence, its formative and substantial conditions is being studied and scrutinized.

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