The Role of Democracy in the Legitimacy, Policy-Making and Criminal Process

Document Type : Original Article


1 Ph.D. Student in Criminal Law and Criminology, Department of Law, Qom Branch, Islamic Azad University, Qom.IRAN.

2 Professor, Department of Criminal Law and Criminlogy Shahid Beheshti University,Tehran.Iran. Corresponding Author

3 Associate professor, Department of Law, Shahid Beheshti University, Tehran, Iran

4 Associate Professor, Department of Law, Tehran University, Tehran, Iran



In democratic policymaking, the demands of citizens in Criminal Normalization are taken into consideration. The legitimacy of criminal measures is achieved through the identification of citizens and the protection of their freedoms. In a democratic system, citizens have the most democratic participation in the Criminal process. In this research, this question is answered in a descriptive-analytical way through library information in the light of the three principles of representation, citizenship rights, and limitation of power. What is the position of citizens' demands for a fair criminal policy that is maximally acceptable and to what extent should the will of the general public be taken into account? The result of the present study is that the principles of democracy in any society, in terms of the degree to which it is conceptualized, affect the type and manner of criminal policies. Democracy by providing citizens' satisfaction and providing democratic participation while influencing criminalization can provide the basis for a fair criminal response in society. Paying attention to the will of citizens in democratic policy-making causes criminal responses to be redefined in the light of the concepts of civil rights, and criminalization and Sentencing to be carried out following the culture and civilization of society. the findings in this study are positive this fact, That the coercive result of establishing the concepts of democracy in societies is not necessarily the establishment of humane criminal responses, and in some cases, policymakers deviate from democratic concepts to establish strict responses


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