House Arrest in Criminal Law of Iran and Afghanistan

Description

Page: 521-528

Soodabeh Rezvani¹ and Abdul Matin Monib² (Department of Faculty of Law and Political Sciences, Kharazmi University, Tehran, Iran¹ and Department of Criminal Law and Criminology at Kharazmi University, Tehran, Iran²)

Since the foundation of punishment in modern times does not have a retaliatory nature and is more focused on higher and humane objectives, home confinement is considered one of the innovative alternatives to imprisonment. In this regard, the legal systems of Iran and Afghanistan, along with other countries, have incorporated it into their new criminal laws as a form of punishment for certain offenders Based on the information provided, the question raised is about the status of house arrest in the legal systems of Iran and Afghanistan and the similarities and differences they share. To answer this question, the findings from library sources using an analytical-descriptive method indicate that in both legal systems, house arrest is a series of restrictive measures that range from imposing nighttime curfews to confinement within the home during non-working hours for the offender. House arrest is accepted in both legal systems, and there are multiple points of similarity in both systems. However, the point of difference in both systems is that house arrest is considered an alternative in the Afghan Penal Code, while in the Iranian legal system, house arrest is not considered an alternative to imprisonment but rather is specifically included as an independent provision in the Islamic Penal Code. Cases such as minor and disciplinary offenses involving children, adolescents, women, and the elderly, under specific conditions and at the discretion of the court, may be subject to house arrest.