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The Place of Ethics in the Criminalization of Criminal Offenses in Iran's Legal System
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M Khodadadi   1, D Dadash Nezhad2 |
1- 1. MA. Student, Damghan Branch, Islamic Azad University, Semnan, Iran
2- 2. Dept. of Law, Damghan Branch, Islamic Azad University, Semnan, Iran. |
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Abstract: (236 Views) |
Background: The occurrence of behaviors contrary to chastity and public morality in any society is certain and undeniable. What seems important in this regard is the type of reaction adopted by the government towards the mentioned behaviors. The strategy chosen by some societies shows their criminalization in the framework of criminal law. The present study was formed with the aim of investigating the place of ethics in the criminalization of criminal offenses in the legal system of the Islamic Republic.
Conclusion: Regarding the concept of criminal phenomenon and its relationship with morality, it can be said that although the most common definition of crime is taking a stance towards actions against social order, but with a closer look, it can be said without a doubt. The same concept of social order cannot be investigated without considering the moral tendencies of a society. In Iran's criminal law, the criminalization of prohibited behaviors is influenced by ethics, and in other words, most laws and principles in the field of criminal law are rooted in moral rules. Therefore, the origin of the crime is the process of criminalization, a process by which the legislator, taking into account the basic norms and values of the society and relying on his accepted theoretical foundations, prohibits the current act or omission and for that, he imposes a criminal execution guarantee. The criminal phenomenon, which has a basic and social concept, is considered to be a behavior that hurts the strong and specific states of the collective conscience. The legislator, with emphasis on culture and customs, as well as political, ideological and economic considerations, proceeds to criminalize acts. It is criminal. Decriminalization and "reduction of criminal inflation" is the current issue of the judicial and law enforcement agencies and not only in our society but also the topic of discussion in the world community.
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| Keywords: Criminalization, Morality, Limits, Retribution, Punishment |
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Full-Text [PDF 763 kb]
(158 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/04/8 | Accepted: 2023/06/12 | Published: 2024/08/31
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