Document Type : scientific
Authors
1
PhD Student in Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University, Research and Science Branch, Tehran, Iran.
2
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University, Research and Science Branch, Tehran, Iran.
3
Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Research and Science Branch, Tehran, Iran.
4
Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Abstract
In accordance with the principle of neutrality as a pillar of the 'Rule of Law,' legislation must remain impartial to individual conflicts. This paper aims to elucidate the rationale behind the validity of the neutrality principle and propose a framework for its application in criminal legislation concerning cultural issues. Consequently, this study investigates the fundamental principles of neutral criminal legislation, the normative approach derived from such cultural policymaking, and the significant criteria for formulating criminal laws based on this approach. The present article utilizes a descriptive-analytical method study these research questions. Based on paper findings, the neutral approach to criminal legislation emerges from multiple foundational principles, including the Autonomy, Individualism, and the collective will of citizens regarding their governance. These components align with the substance of cultural pluralism, which delegates authority to citizens to observe prevailing cultural practices (major cultural matters.). criminal norm-setting under this approach relies on criteria such as justice-seeking, minimalism, and the procedural-institutional framework of criminal legislation. The resulting penal code remains free from unjust cultural discrimination and maintains equal impartiality toward all cultures.
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