A study of ransom and the concepts of imprisonment in Iranian criminal law

zahra sharifnia¹

1) A study of ransom and the concepts of imprisonment in Iranian criminal law

IOI Code : XDKH-GECAG
Publication : Second National Conference on Law, Jurisprudence and Culture(conflaw.ir)
Abstract :
    In some cases, the compensation that the court imposes on the injured party is not enough to compensate the injured party, in other words, the damage that the person suffers is greater than the amount of compensation that the legislator provides for him. Regarding the claim for damages in excess of the diyat, there are two general types of withdrawals in this field. The first impression is that it is not permissible to claim damages in excess of the diyat, such as the costs of medicine and treatment, and the losses resulting from those damages in excess of the diyat. The second interpretation, contrary to the first interpretation, is that it is permissible to claim damages in excess of the blood money. As a result, damages in excess of the ransom can be claimed, although it is necessary to pay attention to two points. Imprisonment is used in most countries of the world as the main punishment or the goal of correction and treatment and re-socialization of criminals. But in most cases, it has not been successful and has been a crime in itself, causing the recurrence of crime at the community level and making criminals more dangerous with a higher degree of crime in society. Therefore, you must think of a way to achieve the goals of punishment and rehabilitation of criminals. According to legal scholars, imprisonment is an alternative to imprisonment. Alternative punishments to imprisonment have a set of general rules that must be followed in all of them. And some of these criteria are specific to each of these alternative punishments, which have been tried to be separated and expressed separately.

Keywords : diyat punishment judicial procedure crime imprisonment