نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه گیلان
2 دانشیار گروه حقوق دانشگاه گیلان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The effectiveness of criminal laws based on criminal science achievements has led to accepting exempting and imitative punishment institutions in accord with utilitarian aims and the punishment individualization principle. Iranian criminal laws have also welcomed various lenient institutions aligned with criminal science developments so that these institutions own acceptable positions in non-security crimes which have been reflected noticeably in judicial procedure. The main question this research aims to answer is whether these institutions have been noticeably taken into account from legislative and judicial aspects in non-violent crimes against the state's security. This study, based on the existing statutes and judicial procedure, has concluded that in these crimes, due to security orientation policy, the mentioned institutions have not been noted deservedly from both aspects. This inattention is more visible in newfound institutions compared to classic examples. In this essay, these institutions have been investigated in the mentioned crimes from both legislative and judicial aspects and their level of alignment in applying these institutions have been analyzed.
کلیدواژهها [English]
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