چالشهای کیفر گذاری «سرقت‌ خرد» از رهگذر قانون کاهش مجازات حبس تعزیری 1399

Abstract
The Law on Reduction of Penalty Imprisonment in 2019, with different goals, intended tolerances for the perpetrators of penal crimes such as theft, unaware that this amount of tolerance can have adverse effects in terms of social security. The announcement of petty theft for the first time, reducing the degree of punishment, expanding the powers of judges in the matter of reducing and converting the punishment of the perpetrators, removing the criminal description of the crime of petty theft and developing favorable institutions are among the most important challenges of the reduction law regarding the crime of theft. Although the flexibility of the criminal system against petty crimes and random criminals can be a defensible approach, the situation created by the reduction law to deal with the crime of petty theft is very traumatic and its correction is inevitable.
 
1.Introduction
The Law on Reduction of Imprisonment Punishment approved in 2019 has made important changes in the field of crimes punishable by Ta'zir and the way of determining the punishment for them, and the scope of these changes has affected the widespread way of punishing the crime of theft. What provisions or facilities this law has provided in relation to the crime of theft, which at least theoretically has been introduced as the factor (or at least one of the most important factors) of the increase in theft in the society, requires an independent research or study. This issue, along with the fact that the reduction law was approved in 2019, and so far not much research has been done on the dimensions and aspects of this law and its relationship with the crime of theft, can show the necessity of conducting and innovation of the current research. The aim of the current research is to analyze the law on reducing the punishment of penal servitude approved in 2019 in relation to theft, especially petty theft, and the position of this law in punishing the crime of theft. Did he mean the crime of theft, especially petty theft? And in the second place, what harms and challenges have these measures faced and what effects will it have on the punishment and dealing with petty theft in the society?
 
2.Methodology
By adopting a critical approach and using descriptive and analytical methods and library tools, this research seeks to find an answer or answers to the above questions, and in carrying out this mission, it is necessary to provide a brief explanation about the scope of the research from two perspectives; First, explaining the legal scope of the concept of "petty theft" and then examining the objectives of the approval and the contents of the Law on Reduction of Taziri Imprisonment approved in 2019 in a brief way.

3.Results and discussion
The Law on Reduction of Penalty Imprisonment approved in 2019, with the set of predictions and measures that it contains in the direction of decriminalization (contrary to the title of the law which only refers to imprisonment) in the crimes subject to Tazeer, faces serious challenges in terms of justifying deterrence of punishment. This issue and the high volume of these crimes and their lack of control will cause the public order of the society to be seriously damaged and we will witness the decline of the effectiveness of criminal laws regarding this category of petty theft. Measures such as the inclusion of four petty thefts in the number of punishable crimes, reducing the degree of punishment for petty theft, increasing the possibility of reducing and converting the punishment, as well as benefiting from favorable institutions for the perpetrators of petty theft, can be considered the most important changes of the Law on the Reduction of Petty Theft approved in 2019. brought This amount of tolerance and tolerance in punishing criminals may not cause a big problem for the perpetrators of some minor crimes such as insult, defamation or even destruction, because we are less likely to face the phenomenon of "professional criminals" in such crimes, and therefore reducing and converting their punishment can It can even provide some criminological goals, but regarding petty theft, it can cause an increase in theft.

4.Conclusion
The most important legislative solution to overcome the existing problems is to amend the law in such a way that, first, the beginning of petty theft is re-defined as a punishment and the perpetrators of petty theft are punished according to their behavior. Second, the arbitrary forgiveness of petty crimes, which also includes petty theft, is another important challenge that deserves attention. Although the increase of expungement crimes in line with restorative justice programs can be defensible, but the legislator, by placing a note, half the punishment determined for all expungement crimes, regardless of the subject matter, the importance and deterrent power of the punishments, which are determined based on the principle of proportionality between the severity of the crime and the type and amount of the punishment. It cannot be considered acceptable to reduce what has been done, therefore the principle of proportionality has been violated and deserves to be corrected. Third, with the process that the legislator has taken in the law on reducing the punishment of penal servitude in order to reduce the punishment of imprisonment and turn it into alternative punishments, the most important example of such punishments is a fine, among the general crimes, petty theft has the most negative effects. It comes with; Because this method adopted by the legislator has caused petty thefts due to the fact that they are generally forgivable and their punishment has been reduced by half (in the implementation of the supplementary note to Article 37 of the Criminal Code) and also with the powers that the judicial authority has in order to benefit the perpetrators. It has the qualities of a judicial abbreviation, in practice, it causes the general punishment of the perpetrators of petty theft to be very short-term imprisonment or actually to be turned into a fine.
 



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