| Abstract:
For the inefficiency of the penalties of imprisonment for the rehabilitation of the offenders and prison being a breeding ground for crime and its great expense, it is considered alternative to imprisonment in Islamic penal code that it does not mean to cancel all kinds of imprisonments especially short-term imprisonment. According to it, it has been studied in Article 70 of the Islamic Penal Code of Iran that the execution of imprisonment less than 91 days (taz’ ir punishment) for offenders who are contempt and violates from the execution of punishment instead of imprisonment. From the other side, for mitigating the punishment because of the lack of explicit mentioning in law, there is no obstacle to establish enact and execution of the imprisonment less than 91 days. In addition, when a court decides to suspend the punishment, adduction to Article 54 of the Islamic Penal Code of Iran. It is carried out imprisonment less than 91 days in some circumstances But in offences without taz’ ir punishment if the convicted violates to carry out the decision of a court the substituted penalty of the imprisonment is not cancelled.
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