جستجوی مقالات مرتبط با کلیدواژه "قانون گذاری کیفری" در نشریات گروه "فقه و حقوق"

Civil nationalism is a type of "belief in the nation" in Which, despite the existence of diversity and fragmentation in cultural, ethnic, and religious components, is defined mainly based on the equal right of citizenship and the will to live together. In Iran, since the constitutional revolution until now, there has been an effort to prioritize the idea of civil nationalism over competing types, namely cultural and ethnic nationalism, in which emphasis is placed on language, religion, history, or common heritage and the revival of the great civilization of the past. Although in most of this period, the cultural approach has prevailed, the growth rate of its civil type from the context of criminal legislations increased from the eighties and reached its peak in the late nineties when three bills were presented in the 10th and 11th parliaments. These bills include the bill of "Insulting the legal religions, culture, language and legitimate customs of ethnic groups"/ the bill of "Adding two articles to the Islamic Penal Code/ and the bill of "Repressing of Racial Discrimination, Ethnic and Religious Hatred" which Finally, parts of the content of all three bills were merged and Enacted in the form of “Repeated” Articles 499 and 500 of the Taziraat section of the Islamic Penal Code. In this effort in the nineties, the demand of the people on the one hand, and the response of the elected representatives of the nation in the parliament, especially the representatives of ethnic and religious identities in the minority, played a prominent role. However, these efforts are still incomplete and there are serious gaps, especially in relation to technical burden of proof and the scope of inclusion.

Criminology knowledge can provide the necessary information to make the criminal justice system more rational and humane to the policy makers in the field of criminal policy. Sharing the knowledge of criminology with criminal law will be a key component in order to gain points for maintaining the basic rights and freedoms of citizens and the dynamism of criminal law as much as possible. In this regard, it is considered important and necessary to know the effective limitations of the criminal legislator on the sharing of these two knowledges. These obstacles in front of the criminal legislator prevent the effective sharing of criminology knowledge.

The current research is applied in terms of purpose and descriptive-analytical in terms of research type, which was collected and analyzed using library sources.

The findings of the research indicate that cultural obstacles, political obstacles, economic obstacles, public opinion (criminal populism) and the globalization of science are among the most important obstacles to Iran's criminal legislation in benefiting from the doctrine of crime. It is science.

The knowledge of criminology is one of the important sources for the dynamics of criminal law, and because of this inherent dynamic, it requires careful management and policy making, therefore, benefiting from the achievements of criminology as a result of removing obstacles creates a kind of task or obligation for the criminal legislator as a symbol of sovereignty in Execution of justice becomes criminal.