Rationality and Expediency in Iranian Criminal Law and Jurisprudence

Judicial security has been defined as the proper, timely and unbiased functioning of the judicial system in order to achieve specified objectives and public confidence in regards to its operation. Judicial security could be divisible and deserves to be studied in two theoretical and practical levels and also two legislative and executive stages. ‘Rationality’ points to man’s power and capability to make smart decisions. Tradition, habit, emotion and blind following are the opposite points of rationality. The author while expounding the concepts of judicial security, rationality and expediency, intends to evaluate and measure the extent of attention paid to the topics of rationality and expediency and their components by Iranian legislators who approved Islamic Penal Code in 2013. The author hypothesizes that lack of attention to expediency and rationality in legislation threatens citizens’ judicial security, numerous instances of which can be found throughout the above act.