Mohammad Mirzaei
Abstract
Criminal policy is the approach of crime control and the adoption of appropriate legislative, judicial, and executive tactics and strategies by criminal policy actors. Sometimes, it ...
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Criminal policy is the approach of crime control and the adoption of appropriate legislative, judicial, and executive tactics and strategies by criminal policy actors. Sometimes, it is necessary to rapidly adjust criminal policy measures in response to specific circumstances as they arise. However, these changes may conflict with existing judicial and legislative measures during implementation. This requires the regulatory flexibility of criminal policy in emergency situations (Arabic: إضْطِرار, romanized: ʾiḍṭirār). This article, which is descriptive and documentary in terms of its applied purpose and method of implementation, explains the foundation and application of the rule in executive criminal policy. After analyzing the rule of urgency from jurisprudential, legal, and criminological perspectives, it discusses the systematic use of its capacities to address the new challenges (disturbances) in executive criminal policy. It also evaluates the selection of necessary measures for actors in the criminal justice system, especially the executive actors, in the operational arena. Although this rule applies to most deviations (Arabic: Inṣirāfāt) from the absoluteness of foundational principles or accepted criminal laws, the necessity for exceptional and special circumstances requires the regulation of exceptional policies, strategies, and tactics, particularly in the field of implementation. This can be interpreted as differential criminal policy, which manifests in various forms, such as deviation from the principle of “legitimacy of the evidence and method of obtaining it” in the processes of detection, investigation, and prosecution, or the “suspension or limitation of civil rights in preventive measures before or after a crime,” or the “use of force by executive actors in pre- and post-criminal actions,” among others. It should be emphasized that the adoption of these measures to prevent anarchism and the violation of individual rights by the government requires regulation and must adhere to the general principles of legislative policies and be based on religious teachings and considerations, such as “the principle of dignity, the principle of equivalence and balance, the principle of compliance with the laws, goals, and objectives of the Sharia, logical justification, permitting ḥarām in ʾiḍṭirār (necessity) situations, and permitting ḥalāl.
