Iran's Criminal Policy Regarding Drug Crimes in the Addendum of Article 45 with a View to the 1988 Convention

Hossein Pouri, Mona; Nosrati, Yazdan; Rezaei Fard, Sasan

doi:10.22034/jccj.2023.380637.1167

Iran's Criminal Policy Regarding Drug Crimes in the Addendum of Article 45 with a View to the 1988 Convention

Document Type : Original Article

Authors

Mona Hossein Pouri ¹

Yazdan Nosrati ²

Sasan Rezaei Fard ³

¹ Ph.D Student, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

² Assistant Professor, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran. (Corresponding Author)

³ Assistant Professor, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

10.22034/jccj.2023.380637.1167

Abstract

The purpose of this research is the comparative study of Iran's criminal policy regarding drug crimes in the addendum of Article 45 with Convention of 1988, which is carried out by a descriptive-analytical and library-documentary method. The research results show that the legislator's excessive recourse to severe punishments, including long-term imprisonment and execution, is clearly seen in the law and always included in the anti-narcotics programs in the criminal policies of the post-revolution era. Despite joining the 1988 Vienna Convention and international opposition to heavy punishments, including execution, this procedure still remains in force. The elements related to drugs in Article 45 are around the reduction of punishment about drug crimes, including the use of weapons, having a leadership role, having a record of definite conviction, the possession of a certain weight of the substances that are the subject of the crime, and the use of children and insane persons.

Keywords

Execution

1988 Convention

Criminal Policy

Narcotic Drugs

Psychoactive Substances