Criminal policy and homogenization of strategic legislative types

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor of Law and Political Sciences Faculty of Ferdowsi University of Mashhad, Mashhad, Iran.

2 PhD student of criminal law and criminology at Ferdowsi University of Mashhad , Mashhad, Iran.

3 Master's student in Criminal Law and Criminology, Islamic Azad University, Science and Research Unit, Tehran, Iran.

10.48300/jlr.2024.433208.2536

Abstract

By studying Iran's criminal policy and its developments, we realize the fact that the criminal legislator has used two strategies in every phase of criminal legislation: the first strategy; The strategy related to Sharia standards and the second strategy; The strategy is related to governmental or customary standards. The legislator, despite being aware of the differences between religions, 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 existed in all legislative stages of the General Penal Act 1304 to the 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 eliminating conflicts and harmonizing these two strategies. These two types of achievement are discussed in detail in this research.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 15 January 2024

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