Explaining Iran's Criminal Policy from the Perspective of the Principles and Foundations of Criminalization and Punishment (Case Study of Some Domestic Legislative Approvals)

Subject Areas : Political and International Researches Quarterly

hojjat miri ¹ , mohammadreza shadmanfar ² , masoud Heidari ³

1 - PhD student in criminal law and criminology, Islamic Azad University, Isfahan branch (Khorasgan), Isfahan, Iran
2 - Assistant Professor, Department of Law, Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran: Corresponding Author
3 - Assistant Professor, Department of Law, Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran

Received: 2022-07-30 Accepted : 2022-07-30 Published : 2022-08-23

Keywords: Constitution, punishment, criminalization, criminal Justice, Security- Oriented,

Abstract :

The most important tool for explaining criminal legislation is the definition of crime and punishment. A crime is the actual act or omission for which a punishment has been determined according to the Islamic Penal Code, and according to criminal philosophers, "taking a distance and moving away from the normality and defect of what should be" and criminalization is a process that considers new behaviors as crimes. With the assumption that the governments take their legislative policy based on their approach to how to deal with crimes, in this article, relying on the descriptive-analytical method, we decided to review some of the resolutions of the Islamic Republic of Iran, while briefly explaining the basics of criminalization and penalization, may we improve the legal and judicial situation of the country by improving the legislative situation and the performance of social monitoring institutions and optimal decriminalization, while preventing the issue of criminal inflation.