Challenges and Legal Solutions of Electronic Monitoring-Based Incarceration: A Comparative Study of Iran and Leading Countries

Abstract

Leading countries in the field of electronic monitoring-based incarceration, such as France, Canada, and the United States, have effectively utilized this approach through comprehensive legislation and the adoption of advanced technologies. This study, conducted using a descriptive-analytical method, presents a comparative analysis of Iran and leading countries and offers recommendations for drafting comprehensive laws, developing infrastructures, and fostering public awareness. The findings indicate that the successful implementation of this method depends on integrating electronic monitoring with principles derived from situational crime prevention theories, deterrence justice, social control, and rational choice theory. For Iran, adopting these approaches can significantly enhance criminal policies and mitigate implementation challenges. The experience of France demonstrates that electronic monitoring can serve as an effective tool in reducing prison overcrowding, facilitating rehabilitation, and enhancing social security. Related legal frameworks, such as Loi Perben II and Article 723-7 of the French Code of Criminal Procedure, have clearly established the necessary legal foundations for leveraging the benefits of this system. This experience can serve as a model for other countries, particularly Iran, to improve judicial efficiency through the adoption of this method. Additionally, similar to France’s 2019 Domestic Violence Prevention Law, Iran can utilize electronic monitoring to restrict offenders' contact with victims and enhance victim safety. By enacting comprehensive legislation, developing technological infrastructures, and integrating electronic monitoring with rehabilitation programs, Iran can effectively employ this approach within its criminal justice system. A comparative analysis of the United States, Canada, and the United Kingdom, alongside Iran’s existing challenges, further reveals that public awareness campaigns and specialized workforce training are also essential for the successful implementation of this system in Iran