خلاصة:
Using electronic systems to find an alternative for punishment of imprisonment as a
subsequent reply to a criminal phenomenon on one hand should be known as to eradicate
and decrease harmful social, economic, moral and psychological effects of extensive use of
punishment of imprisonment and on the other hand should be analyzed and interpreted as to
provide a background of realization of purposes and philosophy of punishment of
delinquents, i.e. correction and rehabilitation of criminals and as a result decrease and
control of delinquency. In this research, electronic supervision is studied as a middle
punishments or alternatives of imprisonment from its different aspects especially with
regard to French Criminal Law. In Iran, electronic supervision for the first time was
predicted in Iranian Islamic Penal Code (approved in 1392.2.1). Therefore, this study aims
to investigate advantages and disadvantages of electronic supervision, implementation
ability, correction and rehabilitation of systems of electronic supervision in Iranian Legal
System.
ملخص الجهاز:
One of the recent affords which is done in this regard is prediction of electronic control as one of alternative approaches instead of punishment of imprisonment which has been entered Iranian criminal system following laws of Western countries especially France1 and in Article 62 of Islamic Penal Code it is predicted which due to this Article "in discretionary crime from degree 5 to 8, court can locate the convict to imprisonment in a certain spatial limit under supervision of electronic systems if there is determined conditions in probation.
Also, in a general classification, tools used for electronic supervision are classified as following: A) Electronic devises to intercept information of persons such as hearing phone conversations B) Electronic devises to record sound and image of persons C) Electronic devises to determine place of and spatial situation of a person Among the mentioned kinds, first kind and second kind tools mostly are used with the purpose of prevention from committing crime and discovering crime and it seems that hearing conversations is the most prevalent approach in Iranian Journal of Social Sciences and Humanities Research using first kind and second kind tools; but in addition to first and second kind tools third kind tool is mostly interesting for lawmaker according to Article 62 of Islamic Penal Code.
Although using these technologies especially electronic supervision in Iran yet has not become popular, it seems that according to being harmful and expensive of imprisonment punishment and increase of number of prisoners and according to new Islamic Penal Code and Criminal Prosecute Act, electronic supervision tools can only be used in control and punishment of delinquents.