Assessment of Leniency Measures in Drug-Related Offenses under Iran’s Criminal Policy in Light of International Drug Control Conventions

Abstract

The proliferation of drug-related offenses and their adverse social, public health, and security consequences has prompted legal systems to consider rehabilitative measures and leniency mechanisms alongside strict punitive approaches. Using a descriptive-analytical method and library-based sources, this study explains the theoretical foundations of leniency measures and examines their manifestations in Iranian domestic law and the extent to which they align with international approaches. The findings indicate that international drug control instruments, while requiring states to criminalize certain drug-related conduct, also emphasize the application of treatment, rehabilitation, and alternative sanctions, particularly in dealing with drug users and low-risk offenders. Iranian law has likewise taken steps toward strengthening rehabilitative approaches and individualizing criminal responses by providing mechanisms such as mitigation of punishment, deferment of sentencing, suspension of the execution of sentences, conditional release, and certain treatment-oriented measures. Nevertheless, the restricted applicability of leniency measures to certain drug-related offenses, the predominance of a security-oriented perspective, and the absence of consistent criteria for applying these mechanisms constitute significant challenges in this area. It may therefore be concluded that, although Iran’s criminal policy demonstrates signs of movement toward rehabilitative approaches, revising certain legal provisions and strengthening a differentiated criminal policy appear necessary to enhance the effectiveness of leniency measures and achieve greater conformity with contemporary international approaches.