The place of thought in the context of criminal policy of repression and its role in the politicization of criminal law

Document Type : Original Article

Authors

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

2 Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Yazd Branch, Yazd, Iran

3 Assistant Professor, Yazd University of Science and Art

Abstract

Criminal policy is a multidimensional discourse that induces criminal response measures on the one hand and the development of non-criminal measures on the other. However, when the reactionary and criminal view of criminal policy prevails and the principles and methods adopted in it are targeted, the type of criminal policy moves towards repression and intimidation, in other words, criminal and punitive measures dominate the community-based approaches to hegemony. Find. Now the main question in this research that we are trying to answer is the place of thought in criminal policy. When we separate punishments and classify them according to criteria such as ideology or intensity of influence, we have tried to present the idea in the context of criminalization as well as legislation. This study shows that the place of thought in criminal policy in the legislative process, which will be affected by the judiciary and execution, is derived from an ideological thought, part of which is religious ideology, and punishments such as hudud, qisas and diyat in It is located. Another part is derived from a kind of idealistic ideology in the light of revolutionary and political thought, which is sometimes evident and sometimes implicitly influences criminalization. This approach is particularly prevalent in the political schools of thought owed to populist sanctity.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1364-1382

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