Ignoring the Legal Requirements of Criminal Law in the Field of Crimes Against Security

Document Type : Original Article

Authors

1 Ph.D. Student of International Law, Department of Law, Shahr e Kord Branch, Islamic Azad University, Shahr e Kord, Iran

2 Associate Professor, Department of Law, Shahr e Kord Branch, Islamic Azad University, Shahr e Kord, Iran

3 Associate Professor, Department of Islamic Political Thought, Tehran University, Tehran, Iran

Abstract

Although criminal laws have strong enforcement instruments, in order to be effective, they must be subject to legal rules and principles, including one the most important elements known as efficiency. This is because efficiency is the bedrock of society's compliance with any certain law. Laws that are not heeded by many members of society, even if they are coercive or severely punished, face a lack of compliance with a large section of society due to their inefficiency. Therefore, in order to solve some of these inefficient laws, legislators deconstruct and practically wipe out the issue by decriminalizing, while if the legislation is based on formal and substantive principles and requirements, society obeys it with the least punishment. An overview of Iran's criminal law in the field of security crimes indicates the existence of problems and ambiguities in this regard. It has not been analyzed for legislative principles and methods. The present study examines Iran's criminal law in this area from the perspective of accepted principles of legislation and explains the shortcomings and problems in this area, including deficiencies in the two sections, ambiguities of laws and inverse effectiveness of laws, and intensification of norm-breaking so that it can be a beacon to amend criminal laws in the field of security and improve the efficiency and preventive role of these laws.

Keywords

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Public Law Knowledge Quarterly
Volume 11, Issue 38 - Serial Number 38
December 2022
Pages 104-140

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