Expediency intervention in criminalization and its limits

Document Type : Original Article

Authors

1 PhD Student, Department of Criminal Law and Criminology, Karaj Branch, Islamic Azad University, Karaj, Iran

2 Assistant Professor, Department of Law and Political Science, Karaj Branch, Islamic Azad University, Karaj, Iran

Abstract

Expediency in criminology refers to a situation in which criminality must be based on the principle of expediency. On the other hand, criminology and, consequently, the criminal sentences in accordance with it and the guarantee of its implementation are affected by the category of expediency. Imagination is the basis for issuing criminal sentences as well as criminology, which in the legal and penal system of the Islamic Republic of Iran is based on the interests of the system. In certain circumstances, this institution has the right to go beyond the basic principles and texts of the constitution and Islamic norms. This kind of expediency has an important effect on the issue of criminality, which includes criminal, political, cross-sectional inflation and the reactivity of criminal law. Therefore, according to the above statements in this article, we intend to examine the expediency in the process of criminalization and answer the main and fundamental question: where is the position of the category of expediency in criminalization?

Keywords

Political Sociology of Iran
Volume 5, Issue 4
August 2022
Pages 408-420

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