نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه علوم تحقیقات
2 عضو هیات علمی دانشگاه علوم و تحقیقات تهران
3 دانشگاه آزاد واحد علوم و تحقیقات تهران، دانشیار گروه حقوق کیفری و جرم شناسی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In accordance with the principle of impartiality, as one of the pillars of the principle of "rule of law", the law should be indifferent to the conflicts of individuals. The purpose of this article is to explain the reasons for the validity of the principle of impartiality and to provide a framework for applying this principle in criminal legislation in the field of culture; therefore, the most important foundations of impartial criminal legislation and the approach from which such norm setting in the field of culture is derived, and the most important requirements for its application in criminal legislation, are questioned. The following article examines the questions raised in a descriptive-analytical manner and, according to its findings, an impartial approach to criminal legislation originates from various foundations; such as self-regulation (autonomy), individualism and the general will of citizens to govern themselves. These components are consistent with the content of cultural pluralism, which leaves the choice of following most cultural matters to citizens. criminalization based on this approach relies on criteria such as equalitarianism, minimalism, and the procedural and institutional structure of criminal legislation. criminal law arising from it is far from undue cultural discrimination and favors all cultures equally.
کلیدواژهها [English]
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