Idealism or Realism of Legislative Criminal Policy in Relation to Criminal Growth in Iranian Criminal Law

Document Type : Original Article

Authors

1 Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran

2 PhD Student, Department of Criminal Law and Criminology, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran

Abstract

Recent developments in Islamic penal law that followed the realism of the legislator in some articles, following the dynamic ijtihad of jurists in light of advances in psychology and criminal sociology, have led to major changes in the issue of juvenile penalties for juveniles under 18. 91 became Islamic penal code. Although biological, psychological, and social realities have played a role in the process of change, but since the developmental psychology data are not considered to be a grown-up child, the present study concludes with a content analysis approach. Rasim, whose relative realism in Article 91 was to move toward absolute realism, so that the principle of under-age child development is under the age of 18 and claims to grow up to bear the burden of proving criminal bravery.key words: Idealism, Realism, Criminal Policy, Criminal Growth, Dynamic Jurisprudence, Growth Psychology.key words: Idealism, Realism, Criminal Policy, Criminal Growth, Dynamic Jurisprudence, Growth Psychology.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 2219-2236

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