Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Comparative Study of the Requirements of Provincial Differential Proceedings against Organized Crimes, in Jurisprudence, Criminal Law of Iran and America

Document Type : Original Article

Authors
1 PhD Student of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran. (Corresponding Author)
3 Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
10.22034/jccj.2024.463189.1582
Abstract
The formation and expansion of organized crime in recent decades, which is affected by the development of industry, technology and communication technology, has brought new issues to the criminal justice systems and criminal policy. One of the most important measures in order to rationally fight against organized crimes is to adopt a differential criminal policy based on granting authority to the provinces of a country and taking into account specific regional and geographical factors. The purpose of this article is to compare the requirements of provincial differential criminal policy against organized crimes, in jurisprudence, criminal law of Iran and America. This article is a descriptive-analytical study and a library the state structure of this country, provincial differential proceedings against organized crimes are possible, but in Iranian criminal law, provincial differential proceedings against organized crimes have not been considered by the legislator. Although traces of differential proceedings can be observed in some organized crimes such as crimes against national security, such an approach line with the regionalization and provincialization of criminal proceedings for organized crimes. One of the most important requirements of provincial differential proceedings against organized crimes in Iran's criminal law is the creation of specialized provincial courts, which is not possible in the framework of the current legal structure. Accepting differential proceedings in organized crimes on a provincial basis can be effective in dealing with these crimes. At the same time, it is more harmonious and consistent with judicial justice.
Keywords

Volume 1, Issue 5
Winter 2022
Pages 213-223

  • Receive Date 02 September 2021
  • Revise Date 08 November 2021
  • Accept Date 19 December 2021
  • Publish Date 20 February 2022