Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Legislator's Differential Approach in the Trial of Political Crimes

Document Type : Original Article

Authors
1 Ph.D Student of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Associate Professor, Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University , Tehran, Iran.
10.22034/jccj.2025.432448.1451
Abstract
Differentiation of criminal proceedings means that the rules and regulations governing the proceedings in a specific area are different from the general rules and regulations of the proceedings. Differentiating policy in political crime proceedings means determining the specific situation and procedures for dealing with political crimes and pursues goals such as security, protection of the victim, and effective dealing with new methods and forms of committing crimes. This type of policy is usually implemented in countries with complex and sensitive political issues. In differential policy, the difference between political and non-political crimes is taken into consideration. This difference may be manifested in cases such as restrictions on freedom of expression, human rights and civil rights, as well as the political and social effects of crime on society. This study was conducted with the aim of investigating the differential approach of the legislator in the trial of political crimes using library sources and analytical-descriptive method. The results of this research showed that the goal of the differential approach of the legislator is usually to protect the rights of the accused and ensure justice in the proceedings. Is. Some critics of this approach believe that this distinction of the legislature against political crimes may lead to inequality before the law and abuse of power.
Keywords

Volume 5, Issue 3
Summer 2025
Pages 123-136

  • Receive Date 29 March 2025
  • Revise Date 28 May 2025
  • Accept Date 02 July 2025
  • Publish Date 23 September 2025