Foundations and Challenges of Criminalization in Criminal Policy Discourse Criminal Procedure Code of 2013

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

The purpose of the present study is to investigate the fundamentals and challenges of criminalization in the criminal policy discourse of criminal procedure law. Legislative criminal policy discourse is the legislative body\'s perception of the criminal policy in the form of ratification of various laws. Criminality, on the other hand, has a long history of practice, as human findings suggest, at least four thousand years old. In addition, the basic question of why people\'s behavior is restricted and the need for a proper answer about the right of the ruler or the state to be criminally organized and its reason for imposing pain and suffering on the people from the central organization of power is organized. The interaction of criminal procedure with other disciplines, especially criminology, has led to the inherent dignity of those who have been victimized as well as being seriously identified by the legislator. Reducing the criminal process is one of the gains of this interaction. In general, the criminal process and the punishment of individuals are carried out on specific grounds, with the \"harm principle\", the \"principle of legal patriotism\" and the \"principle of legal ethics\" being given more attention. According to the principle of temporal loss, society and government have the right to intervene in the affairs of the life and liberty of others and to impose coercion on others with the intention to prevent harm and harm to others. Patriarchy is about preventing the government from harming itself. In fact, the legislature justifies the protection of the interests of the individual by committing criminal acts to prevent harm. On this basis, and as a restrictive principle of liberty, it has been said that \"patriarchy\" is usually a good reason to support a criminal ban that prevents harm (physical, psychological, spiritual and economic) to its subject. In the debate over legal patriarchy, one of the challenges is that some believe patriarchy is the worst kind of authoritarianism one can imagine, because it is appropriate to deal with a man who is incompatible with his freedom. Finally, it can be argued that the fact that law is subject to ethics and criminalization of ethics by the legislature is legal ethics, but of course the main challenge is that some criminal law theorists believe in the right and duty of parents and educators. They are based on the teaching of ethics, and in their view, a government that is devoid of these interests and emotions goes beyond its limits if it fulfills its duties and not only fulfills its critical responsibilities. Remains itself, restoring the spiritual and spiritual freedom and independence that are the natural rights of human beings, especially in respect of those who are respected in the cup. They have to interfere with their duty to ignore.

Language:
Persian
Published:
مجله علم و وکالت, Volume:2 Issue: 5, 2020
Pages:
69 to 106
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