Volume 5, Issue 4 (2001)                   CLR 2001, 5(4): 59-78 | Back to browse issues page

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Habibzadeh M J, Najafi Abrandabadi A H, Kalantary K. Overcriminalisation, Causes and Consequences. CLR. 2001; 5 (4) :59-78
URL: http://clr.modares.ac.ir/article-20-688-en.html
1- Assosiate Professor, Tarbiat modarres University
2- Assosiate Professor, Shahid Beheshti University
3- Ph.D student of Criminal Law. Tarbiat modarres University
Abstract:   (7001 Views)
Mohammad Jafar Habibzadeh Associate Professor, Department of Law, Tarbiat Modares University Ali Hossein Najafi Abrand Abadi Associate Professor, Department of Law, Shahid Beheshti University Kiomarth Kalantary Ph.D. Student of Criminal Law, Tarbiat Modares University Although the penal law is a necessity for a society, the consequences of its approval and execusion can not be overlooked. This is because, every penal law, with all it's advantages, limits people's freedom and increases the power of the State, which results in the vulnerability of the people against the government human beings, by nature, like to have freedom without limitation, Whereas in a social system the state allows people to enforce their freedom within the established limits, if criminal laws , are not of the right qualifications and if they are in congruent With the natural rights of human beings, clashes between the people and the government will be inevitable. To solve this problem, a criminal sanction should be chosen as the final solution. Notwithstanding this, today the legislator in Iran passes numerous penal laws without paying attention to their efficiency and consequences. More specifically, the legislator has passed more than 245 substative penal laws from 1358 (1979) to 1378( 1999) and if we add jurisprudences issued by the Supreme court and the provisions ratified by Cultural Revolution High Counsil regarding the criminal regulations, the quantity will be even greater. Therefore, this paper attempts to discuss overcriminalisation, its causes and its consequences in Iranian legal system.
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Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30

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