Document Type : Original Article
Authors
1
PhD student in criminal law and criminology, responsible author, department of criminal law and criminology, Yazd branch, Islamic Azad University, Yazd, Iran
2
Faculty member, Associate Professor, Department of Islamic Philosophy and Theology, University of Qom, Qom, Iran
3
Faculty member, Assistant Professor, Department of Criminal Law and Criminology, West Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
Following the quantitative and qualitative increase in organized crimes against security in various countries, a discourse called zero tolerance towards criminals with the slogan of returning to punishment has been prevalent, and the justification for this approach is the establishment of sustainable security in society. However, securitism has brought challenges, the most important of which are the violation of the policy of impunity, the intensification of criminal populism, excessive prevention, and the intensification of security and precautionary measures. The aim of the present study is to identify the optimal strategy in the criminal justice system and explains the prosecution approach in the differential penal policy for crimes against security, which, through a descriptive and analytical method, reaches the following findings: firstly, the sustainable security establishment is a public right, but reaching it is not a license to violate the privacy and rights of citizenship. Secondly, the criminal policy of Islam is not subject to a difficult and identical approach and, in accordance with the requirements of time, place and individuals, introduces different penal patterns. Thirdly, the lenient view of security criminals is the result of the legislator's differential approach in the amendments to the Iranian Criminal Procedure Code in 2020. fourthly, the issuance of a comprehensive pardon by the Supreme Leader based on the life of the infallible imams in 2022 can be evaluated in the characteristics of social utilitarianism in punishment and can be considered as supporting the possibility of changing the approach of the laws.
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