The Need for Alternatives to Imprisonment and Criminal Law Mechanisms in Afghanistan (Dari)

Abstract

The Enlightenment in the Western world, especially from the late 18th and early 19th centuries, led to a new thought on the usage of jail as a method of punishment. In this approach, imprisonment was the focus of attention for punishing perpetrators, but imprisonment went along with serious challenges in terms of humanitarian, family, economic and social problems. Therefore, criminal lawyers looked for alternatives to the prison system. Meanwhile, prison sentences in Afghanistan are, more than many other countries, confronted with many challenges and problems. The reasons for these shortcomings are clear, because Afghanistan inherited its system from an outdated and unprofessional justice system that complicates punishment and makes it difficult or impossible to achieve punishment. On the other hand, the use of alternatives, which is considered as a solution to the problems of imprisonment, is useful and effective if there is a reasonable and appropriate structure in their application that enable judicial institutions to perform their functions properly. Therefore, policymaking and the implementation of alternative punishments must be put into action by appropriate arrangements based on professionalism and the national culture.