نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
By studying Iran's criminal policy and its developments, we realize the fact that the criminal legislator has used two strategies at any time: the first strategy is related to Sharia standards and the second strategy is related to governmental or customary standards. Despite being aware of the differences, the legislator has always considered these two strategies as integral principles of criminal policy. This research with descriptive-analytical method has achieved the important fact that these two strategies were present in all legislative periods from General Penal Act 1304 to Islamic Act Code 1392 and only the share of each has changed. Apparently, these two strategies are competing with each other, but in fact, despite the differences, the common point that can be seen in the legislative process is the preservation of both strategies, which is a legislative phenomenon, and the legislator can achieve greater compromise and homogenization by resolving the conflicts and harmonizing the above two strategies.
کلیدواژهها English
