Legal implications of Catch-all criminalization in the Iranian judicial system

Document Type : Original Article

Authors

1 Doctoral student of criminal law and criminology, Qom branch, Islamic Azad University, Qom, Iran

2 Full Professor, Department of Criminal Law and Criminology, Faculty of Law, Farabi School, University of Tehran, Qom, Iran

3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran.

Abstract

The use of a comprehensive title determines a new criminal description for some former criminal titles. This causes a large part of the crimes to have multiple criminal titles and the spiritual multiplicity of the crime is formed in an illogical and unacceptable structure, with this description of the criminalization of comprehensive titles that includes a set of behaviors that face multiple legal challenges. Such as violating the principle of legality of crime and punishment and entrusting criminalization to the judicial authorities, creating a secondary title in many crimes and the wide spiritual multiplicity of crimes, it will bring anxiety and confusion to judges and people in the society and many other negative effects. The transparency of the law and the granting of the authority to criminalize and determine criminal behavior to certain judicial authorities based on the rights of individuals and violating the rule of unspeakable ugliness causes the respect and status of laws in the society to be distorted. Maximum criminalization and criminal inflation are other consequences that pervasive crimes bring with them. Headings such as disorderly conduct, behavior contrary to public modesty, corruption in the world with hidden examples, behavior against trade unions such as clergy and the like are examples of this type of crime in Iran's criminal laws. Therefore, in this research, an attempt has been made, while stating the examples of widespread crimes in Iran's laws, its effects and consequences are investigated in a descriptive-analytical way, in order to provide a suitable platform for more complete research, and to provide the opinion of legislators and experts. Refer to the shortcomings of the law in this case.

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