Obstacles and Moral and Legal Limitations Facing the Criminal Legislator to Benefit from the Achievements of Criminology

The knowledge of criminology can provide the necessary information to make the criminal justice system more rational and humane to the decision 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, and 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. In this regard, in addition to the legal obstacles of punishment, it is important to pay attention to the obstacles and moral limitations in benefiting from the achievements of criminology. Because if the penal laws are more in agreement with the public morality of the people, they will be closer to their criminological achievements. Therefore, in the current research, with a review of the available sources, the ethical and legal obstacles and limitations faced by the criminal legislator to benefit from the achievements of criminology were investigated.

The results of this research showed that the findings of criminology should move within the framework of legal or extra-legal (moral) restrictions. Violation of this framework can create a kind of confusion in the basic principles, which ultimately leads to the violation of the basic rights and freedoms of the citizens. Therefore, in cases where these restrictions are due to the constitution and since the most important rights and fundamental freedoms of the citizens are stated in the constitution, act to enact laws regarding the fundamental rights and general freedoms of individuals or issues that are defined in the scope of the constitution.