Criminal Law and Criminology
Elaheh Eslami; Asadullah Movahhedi Ganjineh Ketab
Abstract
In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this ...
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In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this issue has been subject to structural analysis and modeling, taking into account the unchanging elements in any criminal policy, including crime, deviance, governmental response, societal response, and the fundamental and subsidiary relationships between these elements. In this analytical approach, 'crime' is often defined as a violation of necessary legal norms, characterized by normativity and necessity, while 'deviance' is defined as a breach of prevailing social norms or a state of non-conformity with average behavioral standards, often characterized by normality and the prevailing state of behavior. Due to the widespread prevalence of legal norms, such as the divine legal duties, in Islam, the division of norm-violating behaviors into 'crime' and 'deviance' within the concepts mentioned is not particularly practical for studying criminal policy in Iran. Nevertheless, within the Islamic normative system, controlled behaviors are distinguished from free behaviors
