strategies against the crisis in Iran criminal law
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2013, Vol 7, Issue 9
Abstract
The main objective of criminal law is to reform the offender and his/her re-adaptation from the oldest formulation of criminal law, which goes back to 5000 years ago, until now. All penalties specified in the criminal law are based on this classification. But time and experience have proven that the number of offenders in the community has increased during the long years of criminal law to this day. Islamic Republic of Iran is no exception in this matter. Despite numerous criminal legislation from the solar year 1304 until now, the upward trend in crime has been seen. This caused failure and ultimately a crisis in the Criminal Law. Keep from these conditions requires major work and contemplation of the different aspects of the problem. In this regard, the causes of the crisis must be identified at first. then strategies must be taken to neutralize it. According to the causes of the crisis, factors such as criminal inflation, negligence to principles governing criminalization, religious rupture and inefficiency of criminal enforcement can be mentioned. By examining the causes and multiple solutions to avoid crisis in the criminal law, Experts have proposed three strategies by considering reform justice approach: Decriminalization, judicial removal, punishment removal. Obviously, the experience of other countries that have experimented these strategies must be considered for the success of these strategies and actions. We’re hoping to avoid the criminal law from crisis, and to achieve its goals.
Authors and Affiliations
Mohammad Ghaffari| Lawyer and Professor of Payam Noor University – Sarein Branch, Jaafar Ghaffari| Master of state administration and lecturer -Islamic Azad University-Tehran Markazi Branch, email: jaafar_ghaffari@yahoo.com
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