Pages: 102-107

Abstract

Today, reprieve, known as one of the alternative or intermediate punishments. To perform probation, many countries have taken effective steps in amend the non- dangerous offenders with establishing the appropriate institutions. Reprieve is: ' the punishment that determined by the judge. will not perform completely or slight. Its result in full exemption, if the suspension is terminated. This study based on investigation of context and concepts of reprieve in both Iran and French. We used literatures and gathering all informationd and studies in this area; also Iranian and French laws. According to results of investigation in absence of real probation in Iranian laws, absence of coherent and feasible organizations to implement suspension in law and in return different type of probations, delay in verdict with test in French laws and distributed organizations of implementation of moratorium in Iran, must establish the targeted and integrated probation organization in Iran. About suspension in Iran, a firm conviction for one year inhibit suspension, but French laws don’t mention any precedent that inhibit suspension. Probation area in French Laws is correctional custody for one year, but in Iranian laws with restraints in crimes sentenced area and its prohibition with exception of common crimes, that have non- religious inhibits, bodily " there's no area for probation and judges and proxies unable to probate ". regarding to fine, French laws can only probate penalties in simple ways, and legislator allow not the judge to suspend in fines and in pave a fine it can suspend alone but it's not involved with other convictions. After probation in French laws, judge can order to increase the probation period or perform part or whole punishment, but in Iran after probation, judge must sentence whole punishment.