نوع مقاله : پژوهشی
نویسندگان
1 دانش آموخته دکتری حقوق جزا و جرمشناسی، دانشگاه مازندران، بابلسر، ایران. (نویسنده مسؤول)
2 دانشیار، گروه حقوق حقوق جزا و جرمشناسی، دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Despite the necessity of complying with legislative requirements, including the principle of transparency and legality in criminalization, in some cases, the designer of Iran's criminal policy, by going through these principles and requirements and influenced by the ideology that governs the political system, i.e. governance based on the support of Islamic teachings and moral requirements, It has gone beyond the normal and conventional limits of delinquency, and with an excessive increase in punishable behaviors, it is taking a step towards extreme delinquency. An example of this attitude is the offense of "illegitimate relationship" subject to Article 637 of the Islamic Penal Code (1996). In this research, with a descriptive-analytical method, the aim is to investigate the tools of extreme criminalization and explain its challenges in the field of this crime. Based on this, the findings of the current research indicate that the criminal policy maker of Iran, by using religious and moral propositions, conceptual disambiguation, expanding the scope of the crime, criminalization of preliminary conduct and criminalization against the rule, has had an extremist attitude in the criminalization of this crime, which this approach has become the basis for maximum intervention, the wandering actors of the criminal justice system, the creation of exceptional criminal law and the Transformation in the nature and function of punishments.
کلیدواژهها [English]
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