DEATH PENALTY'S POSITION IN CRIMINAL JUDICIAL SYSTEMS EMPHASIZING IRANIAN AND IRAQI CRIMINAL LAW

Abstract

The most severe form of punishment—execution—has been investigated for years, and criminal justice systems have undergone modifications. Punitive, restorative, and evaluation justice are the three types of criminal justice systems. Each has changed or been re-selected as a result of flaws and weaknesses. Executions are prohibited in restorative justice, so they are also eliminated. In assessing justice, crime risk management and recidivism control are followed by providing the offender with a second opportunity. Punitive justice focuses on assigning and enforcing rigorous punishment. While Iraqi criminal law adheres to evaluation justice, Iranian criminal law trends toward corrective justice. This study uses a descriptive and comparative analytical approach to determine where the death penalty stands in various criminal justice systems. Pay particular attention to the rights of the people in Iran and Iraq. Based on this, it appears that capital punishment cannot be abolished entirely but can be restricted. In this regard, evaluative justice is more appropriate than punitive and restorative justice.