Free Public Services in the Criminal Law of Iran and Afghanistan

Free Public Services is a punishment that requires participation in activities beneficial to the community, mandated by a court. The offender commits to this in order to compensate for damages or to support both primary and secondary victims, in accordance with the nature of the crime(s) committed. The emergence of this punishment in the criminal laws of Iran and Afghanistan is rooted in the decarceration movement, which began in response to the negative effects of imprisonment. Influenced by international developments, lawmakers in Iran and Afghanistan introduced the punishment of free public services for the first time through the 2013 Penal Code of Iran and the 2016 Penal Code of Afghanistan. This punishment is one of the alternative penalties to imprisonment in the criminal laws of both countries, with its substitutive nature being particularly emphasized. This new punishment applies to offenses and crimes under specific conditions and is not applicable to all offenders. One of the most important conditions for granting this punishment is the victim's forgiveness and the offender's consent. The requirement of the offender's consent in the execution of the punishment is an exceptional case that has been accepted for the first time in the criminal laws of both countries, indicating that the execution of free public services without the element of consent is impossible. This article examines the concepts, historical development, objectives, types, and conditions of free public services from a comparative perspective.