Reflections on the pathology of substantive legislative criminal policy regarding crimes against security

Document Type : Original Article

Authors

1 PhD Student, Criminal Law and Criminology, Qom University, Qom, Iran

2 Associate Professor, Department of Criminal Law and Criminology, Qom University, Qom, Iran

Abstract

Criminal policy is a coherent and continuous set of legislative, judicial and executive strategies that, by using the tools of punishment and guaranteeing legal enforcement in the field of formal and substantive law, observing the principles of fair trial, seeks to fight criminals and respond appropriately to all kinds of crimes. is. Substantive criminal policy is reflected in the legal texts and the crimes and punishments prescribed by law and is used in connection with foreign exchange crimes against security. The procedure established in the legislative criminal policy of our country is a strict attitude with the application of harsh punishments, and the idea of ​​punishment is the dominant thinking in the field of punishment of security currency criminals. Ambiguities in the text of the law, incoherence and integrity, lack of up-to-date laws, increasing crime rates are among the criticisms of our country's penal policy regarding foreign exchange crimes against security. Studies have shown that removing ambiguity and amending laws is inevitable in order to achieve a desirable and strategic legislative criminal policy. Thus, in this study, with regard to the specific characteristics of foreign exchange crimes and criminals against security, while explaining the shortcomings of criminal policy, the need to reform the policy in the face of such crimes and criminals and to provide solutions in this regard.
Keywords: criminal policy, severe punishments, foreign exchange crimes, security, jurisprudence and religion

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 193-205

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