List of Articles Tahmoores Bashirie

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  1 - The Principle of Minimum Criminal Law in Iranian Criminal Law; Challenges and Solutions
  Taher Bakhshizadeh Tahmoores Bashirieh Hossein Gholami
  10.30495/jcld.2023.1986786.1067
  Receive Date: 2023/07/12                    Revise Date: 2023/08/20                  &nbsp More

  Receive Date: 2023/07/12                    Revise Date: 2023/08/20                   Accept Date:  2023/09/10 Abstract The principle of minimum criminal law arises from the philosophical theory of liberalism and develops the minimum criminal law in different form. The principle of minimum criminal law with respect to human beings and values such as their freedom, autonomy and right to be different and expression of the minimum role of the State and lack of its right to intervene in all aspects of human life, describes the criminal law that its scope is little and limited to essential elements. According to this principle, governments should justify the criminalization and then sanctions. The implementation of this principle faces obstacles and challenges such as: the more intervention than necessity of the country's judicial system in social conflicts, legal inflation, lack of effective protection of individual rights, a high level of conviction rate and systemic problems. To overcome these problems, we must review the principles of the penal system. The principle of minimum criminal law has effects that, based on this principle, it is possible to overcome the challenges and obstacles related to the reduction of criminal titles in Iranian criminal law. This principle takes into account the tools and requirements necessary to realize minimum criminal rights. Manuscript profile