جستجوی مقالات مرتبط با کلیدواژه « criminal inflation » در نشریات گروه « فقه و حقوق »

The involvement of criminal law in establishing order in any society is essential. However, excessive intervention has led to criminal inflation, and this causes the judicial system of the country to face important problems, including a negative impact on judicial justice. The purpose of this article is to investigate the causes of legal criminal inflation in Iran and the challenges arising from it.The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.Lack of a coherent criminal policy, multiplicity of legislative authorities, lack of attention to customs and collective conscience, mixing of the border between wrongdoing and crime, unfavorable economic conditions, extreme criminalization and traditional approach in criminalization are the most important causes of legislative criminal inflation in Iran. Prohibition of the role of the country's legislative authorities, other than the Islamic Council, from legislating in the criminal field, increasing the technical and technical burden of the Islamic Council in establishing criminal rules, paying attention to the important principles of criminalization such as the principle of necessity, paying attention to social conscience in criminalization, Paying special attention to social prevention and applying a set of decriminalization policies in different dimensions are the basic solutions to face the challenges caused by criminal inflation.

The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social chaos, which is caused by the protests of a number of citizens against some policies. One of the most important factors of inception of such movement is the expansion of criminal law and maximum interference in people's freedoms and maintenance of political ideology. The Gap between the official norms and accepted values by citizens and insistence of the government to retain the norms via criminal protection of them gradually leads to social crises and civil disobedience. Conservatism, retrogression, standing against social and cultural changes, maintaining the status quo, refraining from fundamental reforms in political and social structures, have no result other than "crisis" and inevitably puts the citizens or a large part of them against the government. One simple solution to quell crisis is to declare the state of emergency and expand powers of the security forces and judicial authorities to arrest, prosecute and adjudicate the cases of protestors rapidly and secretly. The networks of control and supervision on citizens and the power and freedom of action of the police in this situation will be expanded and the logic of confrontation and repression are applied at high level. Due to the crowding of criminal cases in the judicial system as a result of these policies the rules of proceedings and some defense rights are ignored, including the right to have lawyer or the right to public trial, and prompt measures are taken into account due to the government's need to deal quickly and decisively. In such circumstances the guiding principles, especially the presumption and the principle of neutrality, and the government justifies its actions by claiming to maintain order and security of citizens. Summoning and arresting political dissidents without complying with legal frameworks and creating restrictions in cyberspace through filtering social networks and preventing the free flow of information are part of the strategies to deal with the crisis. When the political and social conditions are in an emergency, the fair criminal procedure inevitably collapses, and "extraordinary criminal procedure" prevails, which does not pay attention to the conventional and well-known rules of procedure and is often the product of the will of the political authorities and are dictated in the form of "judicial circulars". Thus, circulars have priority over the law. In this approach, the presumption of guilt is used instead of the principle of innocence, and the accused is treated as a criminal or a convict.The collapse of fair procedures is caused by factors that are mainly related to public strategies and macro policies. Incorrect policies or making wrong decisions regarding some social events and phenomena, legislation without paying attention to the basic needs of the people and ignorance of the political dissidents inevitably aggregate protests and social uprisings. Criminal policies based on arbitrary and baseless criminalization and merely based upon defending and protecting ideology, expanding criminal laws and maximum interference in people's freedoms, as well as the lack of transparency in statutes have unpleasant consequences in long term, and provide confrontation between citizens and policy makers.The substantive and procedural rules on security in the Iranian criminal law indicate that criminal policy makers have ignored some fundamental rights such as the right to choose a lawyer. In addition, following the expansion of the jurisdiction of special courts, which sometimes originates from circular, as well as the increase of the powers of judicial authorities and military forces, they have provided a legal basis for threatening the rights of individuals and the collapse of fair procedures. Holding secret and non-public trails and preventing the communication of court’s decisions are part of these challenges. Adjusting the criminalization and decriminalization of acts that are contrary to the values of citizens or a significant part of them, reforming public policies and avoiding criminal actions that create tension, and saving the criminal justice system from criminal inflation, and most importantly, paying attention to the phenomenon of "generational change" and normative gaps and ideology might be some solutions to prevent the collapse of fair criminal procedure. The Recognition of protests, changing policies and decriminalizing behaviors that have only an ideological aspect, removal of rights-threatening processes, accountability and prescribing discourse instead of criminal threats can prevent the criminal process from collapse.

The use of a comprehensive title determines a new criminal description for some former criminal titles. This causes a large part of the crimes to have multiple criminal titles and the spiritual multiplicity of the crime is formed in an illogical and unacceptable structure, with this description of the criminalization of comprehensive titles that includes a set of behaviors that face multiple legal challenges. Such as violating the principle of legality of crime and punishment and entrusting criminalization to the judicial authorities, creating a secondary title in many crimes and the wide spiritual multiplicity of crimes, it will bring anxiety and confusion to judges and people in the society and many other negative effects. The transparency of the law and the granting of the authority to criminalize and determine criminal behavior to certain judicial authorities based on the rights of individuals and violating the rule of unspeakable ugliness causes the respect and status of laws in the society to be distorted. Maximum criminalization and criminal inflation are other consequences that pervasive crimes bring with them. Headings such as disorderly conduct, behavior contrary to public modesty, corruption in the world with hidden examples, behavior against trade unions such as clergy and the like are examples of this type of crime in Iran's criminal laws. Therefore, in this research, an attempt has been made, while stating the examples of widespread crimes in Iran's laws, its effects and consequences are investigated in a descriptive-analytical way, in order to provide a suitable platform for more complete research, and to provide the opinion of legislators and experts. Refer to the shortcomings of the law in this case.

The principle of criminal minimalism is one of the most fundamental principles in the field of criminal law, according to which the use of criminal law in dealing with anomalies should be reduced as much as possible. This principle is one of the most important features of criminal prevention. Due to the harmful consequences of the implementation of criminal prevention methods, its minimal use has been emphasized in various international documents as well as in the light of criminological findings and Islamic teachings. The purpose of this study is to investigate the principles, effects and challenges of this principle in the field of criminal prevention.

This research was conducted using descriptive-analytical method and by referring to library sources and collecting information by studying books, articles, related dissertations and reviewing international documents, laws, unanimous opinions, judicial instructions and advisory theories.

In the light of this study, it was found that the principle of minimalism, which has strong foundations, has been considered as a fundamental principle by the legislator and the legislator's attention and tendency towards criminal minimalism can be seen in the light of some laws by identifying arrogant institutions. However, in many cases, the legislature, contrary to this principle, has taken steps to strengthen the use of criminal law through criminalization and punishment.

Irregular development of criminal law and the priority of criminal prevention over non-criminal can lead to significant losses such as heavy costs, elimination of the ugliness of crime and punishment, labeling, increased association with criminals and exclusion of offenders from life in society.

The category of competitive law is a new category which has recently been entered the Iranian criminal policy that has brought about new norms called anticompetitive procedures. Such procedures include recent prohibitions for the individuals in the economic activities. Noticing the methods for conforming the norms to the anticompetitive procedures and investigating its nature state a new approach adopted by Iranian legislatures. Such an approach is considered as offence establishing leading to the alteration of the traditional concept of offence and formulating a new meaning for this term. Offence in its new sense may include very significant and central issues. The more the offences enhance, the more the rules and regulations against such offences develop. The effective principles and factors in adopting such policies are in variety. However, the most fundamental policies root in criminal law studies such as the minimal criminal law, criminal inflation, international law data, offence considerations, and resorting to judicial authorities.