Principles, criteria and duties governing criminology in the Iranian legal system

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

ramin Naimi ¹ , mahmoud malmir ² , Masoud Heidary ³

1 - Ramin Naeemi, PhD student in Criminal Law and Criminology, Faculty of Humanities and Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
2 - Mahmood Malmir, Associate Professor, Department of Criminal Law, Islamic Azad University, Isfahan Branch, Isfaha
3 - Assistant Professor, Department of Criminal Law & Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran

Received: 2022-06-15 Accepted : 2022-07-09 Published : 2022-09-23

Keywords: Iran, criminology, principles, musts,

Abstract :

What has been studied in this article is the principles and criteria governing criminality in the light of the Iranian criminal justice system. In order to pass a criminal law, from the formal point of view, the parliament or the legislature must establish a rule, otherwise we will see a departure from the principle of jurisdiction. But from the point of view of quality, or in other words, from the essential point of view, the law must have certain characteristics in order to be characterized by this attribute. In this article, after explaining the quality of criminal law or criminalization, the authors have referred to the explanation of the necessary principles from the perspective of thinkers. After passing these filters, the criminal law can meet the minimum standards. But from the point of view of legal principles such as the principle of minimumness, the principle of legality of crimes and punishments and even the principle of innocence, the law must have minimums. In this article, the authors have explained these cases in a descriptive-analytical manner. As a result, it can be said that except for the above-mentioned cases, if a law is enacted, it only has a formal description of the law and from the substantive point of view, it cannot be called a law.