The impact of ideology on criminal legislation with an approach to modern political thoughts

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Mohammad  Shamei ¹ (Lecturer at Isfahan University and graduate of PhD in Public Law)
Kourosh  Moalemi ² (Master of Public Law, Islamic Azad University, Tabriz branch)
Shahanghi  Mohammad ³ (3. , Senior Expert in Criminal Law and Criminology, Islamic Azad University of Tehran, Department of Electronics)

Received: 2023-02-11 Accepted : 2023-05-09 Published : 2023-12-22

Keywords: Ideology, Legislation, Government, political theories,

Abstract :

The relationship between government ideology and criminal legislation, due to its interdisciplinary nature and interaction with public law and political science on the one hand, and interaction with criminology on the other hand, has found less room for discussion and analysis in the country's scientific and academic societies; Therefore, in this article, after knowing the concept of ideology, the impact of the ideology of the government on the process of criminal legislation is investigated in different historical periods. With the development of increasing government interventions in the personal and social life of citizens, this important question is raised that in relation to the establishment of laws in the field of criminal law, the legislator is influenced by what factors and what principles he is subject to. In this area, we will mention the factors affecting the process of criminal legislation (criminalization). Regardless of presenting a segmented model of political, economic, etc. factors, we can talk about the influence of ideology as an effective political factor on law enforcement. The research method is descriptive and analytical.