Reflections on the position of Turning the offender in the light of shame Punishment (Tashhir) penal policy.

Document Type : Original Article

Author

Department of Law, Faculty of Humanities, Hazrat e Masoumeh University, Qom, Iran

Abstract

Identifying and directing the offender at the scene of criminal behavior is part of the traditional and well-known social response in societies. In our legal system, the root of such a reaction can be considered in the jurisprudential discussion of "Tashhir". And "criminalization" as a tool and method for this institution, like many other social reactions to the criminal phenomenon can have different effects and lead to challenges; The importance of careful investigation and explanation of this issue from the perspective of criminal law becomes doubly apparent when such an approach becomes part of the usual response to specific crimes.The lack of accurate explanation of such a reaction in the form of appropriate criminal policy based on the principles and rules of the penal system, has faced this approach with serious ambiguity and challenge and has raised the question of the place of such an action in the process of criminal proceedings and policy.
This article examines the institution of intoxication in general and criminalization as a specific method; In order to explain the position of such a reaction in the penal system of the Islamic Republic of Iran, with a look at the jurisprudential roots and legal thought and principles governing criminal law, has addressed this phenomenon and the challenges facing this penal policy.

Keywords

Main Subjects

Files

Share

How to cite

Statistics