حبس خانگی در حقوق جزای افغانستان و ایران

Abstract (English)

Given that the foundation of punishment in the contemporary era is no longer based primarily on retributive considerations, but rather oriented toward higher human objectives such as the rehabilitation and resocialization of offenders, home detention has emerged as one of the modern alternatives to traditional punishment. In this regard, the criminal law systems of Afghanistan and Iran, in line with developments in criminal justice in other countries, have incorporated this institution into their new penal legislation for certain categories of convicted persons. Accordingly, the central question arises as to what position home detention occupies in the criminal law of Afghanistan and Iran, and what similarities and differences exist between the two systems. To address this question, the present study has been conducted using librarybased sources and through a descriptive–analytical method. The findings indicate that in the criminal law of both countries, home detention constitutes a set of freedomrestricting sanctions ranging from nighttime movement restrictions to compulsory residence at home during non-working hours. This institution has been recognized in both legal systems and shares several common features; however, a fundamental difference lies in the fact that under the former Afghan Penal Code, home detention was considered one of the alternatives to punishment, whereas in Iranian criminal law it has not been regarded as an alternative to imprisonment, but has instead been stipulated in a separate provision of the Islamic Penal Code. Moreover, in both legal systems, the application of home detention is primarily limited to minor and discretionary (ta‘ziri) offenses and may be imposed, subject to specific conditions and judicial discretion, on groups such as children, juveniles, women, and the elderly.

English