The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

study of instrumental approach to the iranian criminal law in the light of the Constitution

Authors
mohamad esmail afrasiabi
Fahim Mostafazadeh
department of criminal law & criminilogy
Abstract
Based on the theory of instrumentalism, criminal law is instrument to Serve the predetermined purposes, and If can make our to achieving these ends, then it is considered correct, But if the purposes fail to be appropriate, In that case is an inefficient and inadequate instrument and should be revised in using of that. Then, The first step in the instrumental study into iranian criminal law is that to Identify in the Iranian legal system, criminal law, is to be served which purposes? The second step is to identify whether The use of criminal law is subject to restrictions? purposes and values that for achieve them in the Islamic Republic of Iran, can be used the criminal law, According to the Constitution and Islamic principles must be drawn. That can Pointed such as High and detailed purposes set out in principles 2 and 3 of the Constitution, Preserving the Personal Security(principle 22), Preventing of harm to others and the public interest(principle 40), And religious purposes as necessary to protect the welfare and the common good. also The use of criminal law in the Islamic Republic of Iran is not Limitless According to the principles 71 and 72 of the Constitution, But it is Subordinate The principles and limitations That Is required in Sharia and the Constitution.
Keywords
Instrumentalism
Consequentialism
Criminal law
Constitution
the Sharia rules
ﺧﺎرﺟ‬-‫اﻟﻒ‬
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