A Comparative Analysis of the Principle of Penal Minimalism in the Iranian Legal System and International Human Rights Instruments

Abstract

The principle of penal minimalism is a strategic doctrine in contemporary criminal policy, emphasizing the restriction of state criminal intervention and the use of criminal law as a last resort (ultima ratio). This study comparatively analyzes this principle within the Iranian legal system and international human rights instruments. Employing a descriptive-analytical and comparative methodology, data were collected through a review of library resources, domestic legislation, and international documents. The findings reveal a normative convergence between the Iranian legal system and international standards regarding the necessity of restricting criminal intervention, developing non-custodial measures, and emphasizing restorative justice. Recent Iranian legislative reforms, such as the Islamic Penal Code (2013) and the Law on Reduction of Punishment for Ta'zir Imprisonment (2020), reflect this progressive shift. However, practical implementation faces significant challenges, including penal inflation, a persistent carceral approach in special laws, weak infrastructural support for alternative punishments, and traditional judicial culture. Consequently, fully realizing penal minimalism in Iran necessitates targeted legislative reforms, the systematic expansion of non-custodial mechanisms, and a paradigm shift toward restorative justice.