Document Type : Original Article
associate Professor, Faculty of Law and Political Science, University of Tehran
Encroachment (trespass) of the fundamental rights of the nation by governments in the form of fundamental violations of citizens and areas related to health, health, treatment and education can be considered as examples of state crime. State crime refers to the ostensibly lawful conduct of the government that does not involve the personal interest and the ability to cause irreparable harm to citizens, in many cases is not considered a criminal offense and criminal policy in this regard is difficult. This article discusses the requirements of criminal policy regarding state crimes and the tools needed to adopt criminal policy. The requirements of criminal policy in the field of state crimes include the requirements of public policy and the requirements of law. Accordingly, the need for legitimacy of the rule-based political system, the intervention of civil institutions, constitutional and extra-constitutional oversight of the functioning of government, the refusal to pay mere attention to political rationality in the legislative process and the acceptance and rule of law necessary for criminal policy in the field of state crimes.