From idealism to realism in Iranian criminal policy

Document Type : Original Article

Authors

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

2 Department of Law, Faculty Member, Payame Noor University, PO Box 4693-19395, Tehran, Iran

3 AP

Abstract

In this study, in order to provide a solution and listen to the available capabilities and capacities, we intend to address questions about the realism or idealism or the dual criminal policy of legislative policymakers in this regard. In some cases, the Iranian legislator has followed an idealistic criminal policy in the issue of legislation, and at the same time, realism and what is required for a criminal policy in the broad definition is also seen in the criminal laws of our country. The way to move from religious idealism to realism is examined by preserving the canonical principles of legislation, and what is certain is that the current criminal law has both criminal policies, one based on religious idealism and the other based on fact. Inclusiveness is dimensional in terms of criminological data; From the oldest criminal law data to the latest paradigms can be clearly seen together. What is certain is that the unification of laws in terms of obstacles arising from the laws of the mother and the institutions supervising the observance of Sharia, requires the dynamism of the sect and depends on expedient ijtihad in this study. Existing values ​​will be examined.

Keywords

Political Sociology of Iran
Volume 5, Issue 9
November 2022
Pages 1324-1340

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