Iran's legislative criminal policy regarding soil protection approved in 2018 with an emphasis on comprehensiveness and proportionality criteria

Document Type : Research Paper

Authors

1 University qom

2 university qom

10.22034/mr.2023.15199.5443

Abstract

One of the most important issues in improving the effectiveness and efficiency of criminal law systems is the evaluation of legislative criminal policy in order to improve performance and explain the strengths and weaknesses of the laws that are enacted by legislators in line with the macro policies. Considering the importance of soil in food security and the health of society and the environment, the evaluation of special laws in this area requires a special necessity. In this research, Iran's legislative criminal policy regarding the soil protection law approved in 2018 has been evaluated according to the criterion of comprehensiveness and proportionality based on analytical-descriptive method. In general, it can be said: First, regarding prevention strategies, education-oriented preventions such as state media have been indirectly paid attention to, and other strategies such as collaborative prevention criminal policy strategies have been neglected in the law, but regarding situational prevention. The legislator has paid more attention and has devoted many materials to this prevention. Secondly, regarding punishment strategies and punishment selection, in addition to lack of coordination with other laws, in some cases, the definitions provided with other laws overlap. Also, due to the relative punishments in the penal articles of the law, the prosecutor's office has practically left the process of following up and preventing crime and Financial methods were used, which has been neglected by the legislator.

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