Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Iran's Criminal Policy making Regarding Hate Crimes, from the criteria of desirability to the existing challenges

Document Type : Original Article

Authors
1 PhD student in criminal law and criminology, Mazandaran University, Babolsar, Iran.
2 Associate Professor of Criminal Law and Criminology, Mazandaran University
3 Assistant Professor of Criminal Law and Criminology at Mazandaran University
10.22034/jccj.2024.486335.1682
Abstract
Hate crimes have been taken into consideration in the criminal policies of most countries for several reasons, such as conflict with the equal rights of human beings, ignoring the right to be different, and in more acute conditions, creating social unrest in societies. The traditional policies that have emphasized the severity of punishment for these crimes are being transferred to alternative policies such as restorative justice. In this article, the materials have been collected from library sources and analyzed in an analytical-descriptive way. Iran's criminal policy in relation to these crimes is in the earliest stages of policy formulation, so that except for the limited references to this crime in some laws, such as repeated Article 499 of the Islamic Penal Code approved in 2012 and the Penal Law for the Prohibition of Racial Discrimination in 1977, There is no coherent policy in this regard, the most important challenges of Iran's criminal policy regarding these crimes are the lack of recognition and definition of them, the lack of criminal statistics, the predominance of discourse, the absence of divisions in society, the fundamentalization of mainstream values and the emphasis on policies Traditional criminal justice is like not paying attention to the victim of these crimes, however, the most important stage of Iran's penal policy that should be considered is the recognition of these crimes and the presentation of statistics of criminal behavior motivated by hatred in order to design a consistent criminal policy based on the accepted definition.
Keywords

Volume 6, Issue 1
Winter 2026

  • Receive Date 31 October 2024
  • Revise Date 10 December 2024
  • Accept Date 31 December 2024
  • Publish Date 21 March 2026