نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه بینالمللی امام خمینی
2 کارشناس ارشد حقوق جزا و جرمشناسی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the important mechanisms in the area of the criminal policy is criminalization. According to it, the legislator in order to support the public order and ethical values criminalizes some conducts. It is important that the legislator step cautiously and accurately toward applying this mechanism because criminalization causes the limitation of the individual freedom and legal matters and follows the negative consequences such as problem in judiciary performance. The legislator with respect to the consequences of criminalization in the chapter VIII of the 5th Five-Year Economic, Social and Cultural Development Plan (5th FYDP) has set out the reduction of offensive titles and litigation as the duty of the judiciary. But the judiciary in the penal code of Iran (codified 1392) without paying attention to the principles of criminalization has deviated from the regulations of decriminalization policy of the 5th Five-Year Development Plan (5th FYDP) and has made (created) new criminalization which has no antecedent in the Islamic penal code. Two topics can be mentioned criminalization according to the Islamic jurisprudential sources (Art. 220) and criminalization of disturbing peace and order in the land -fassad fil-arz- (Art. 266). Meanwhile analyzing and studying the mentioned crimes and decriminalization policy, this paper attempts to examine their effects in the law of Iran.
کلیدواژهها [English]
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