نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری جزا و جرم شناسی، دانشگاه میبد
2 استادیار دانشکده حقوق دانشگاه میبد
3 دانشیار دانشکده حقوق شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the areas in which the Iranian criminal legislature has dealt with criminality is culture. Ethically, the criminal law of Iran has faced theoretical and philosophical challenges. The Iranian legislature, according to its own philosophical, moral, and value boundaries, determines and interprets the limitations of the theory of criminology and appeals to criminal law through these limitations. Within the scope of government, intervention is not a sufficient behavior for criminalization, but in addition to considering the theoretical limitations of criminalization, a number of limitations in the criminalization of the field of culture, this area faces many practical challenges and on the one hand, the legislator on the issue of criminal necessity. That is, resorting to criminal law and using informal social control tools before any criminal intervention and matching and coordinating criminal titles in the field of culture with the general expectations of society and the principle of explicit attention, and on the other hand, assessing the benefits and harms of criminality in culture The possibilities of the criminal justice system, the creation of discriminatory territories and the possibility of abuse in law enforcement, the risk of weakening the moral power of criminal law, disarmament and potential criminalization of criminal law as a result of the process of labeling and shaping the conditions Due to criminalization, some criminal behaviors in the field of culture have not been considered.
کلیدواژهها [English]
)