Rethinking problem recognition and solution; A Critical reading of the Criminal Approach to the Family and Youth Protection Act

Document Type : Research Article

Author

Assistant Professor of Criminal Law and Criminology, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran

Abstract

The code of Family Protection &Youth of the Population has been passed with the aim of supporting childbearing &the implementation of policies &strategies aimed at it. For achieving this aim, both incentive &preventive policies &punitive-criminal approaches to increase &decrease the population in advance has taken. The main question about this code is why &the necessity of using criminal means to achieve this goal of the legislator. In this article, the above-mentioned code has been analyzed &expressed in an interpretive-critical method, &it has been stated that the legislator has used criminal means in this matter without considering the needs of solving social problems &without a necessary criminal model &without considering the degree of compatibility of the problem &the solution, &the main issue which is criminalized in this code is the repetition of the titles criminalized in the Islamic Penal Code, &this is contrary to the principle of necessity in criminalization &the principle of coherence &integrity of the legal system. Also, the criminalization of abortion in this law, contrary to the objectives of the Islamic Penal Code, is not due to the value of the fetus &the protection of its life, but in line with the goal of increasing &youth of the population.

Keywords


  1. Alizadeh, Abdol Reza, 2008, Basics of social approach to law, 1st edition, Research Institute of Hawza &University &SAMT Organization [in Persian].
  2. Al-Musavi al-Khoei, Abu al-Qasim, 2001, the basics of the continuation of al-Manhaj, the second part of al-Thani &al-Arbaun, the foundation of the revival of the works of al-Imam al-Khoei [in Arabic].
  3. Amir Arjmand, Ardeshir, 2002, Collection of International Human Rights Documents, Volume 1, Shahid Beheshti University Publication [in Persian].
  4. Ashworth, Andrew, 1992, Principle of Criminal Law, Oxford University Press.
  5. Behnam, Ramsis, No Date, Theory of Al-Tajrim in Criminal Law, second edition, source of education [in Arabic].
  6. Duff, Antony, 2010, The Boundaries of the Criminal Law, Oxford University Press, New York.
  7. Duff, R.A, 2007, Answering for Crime; Responsibility &Liability in the Criminal Law, Hart Publishing, Canada.
  8. Fallahi, Ahmed, 2014, The Principle of Necessity in Criminalization, First Edition, Dadgostar Publishing House [in Persian].
  9. Feinberg, Joel, 1984, Harm To Others; The Moral Limits of Criminal Law, First Published, Oxford University Press.
  10. Fletcher, George P, 1998, Basic Concepts of Criminal Law, Oxford University Press, New York.
  11. Hart, Herbert, 2009, Law, Freedom &Ethics, translated by Mohammad Rasekh, first edition, New Design Publishing [in Persian].
  12. Husak, Douglas, 2008, Overcriminalization; The Limits of the Criminal Law, Oxford University Press.
  13. Husak, Douglas, THE Criminal Law As  Last  Resort, http://ojls.oxfordjournals.org/content/24/2/207,
  14. Jareborg, Nils, 2004, Criminalization as Last Resort (Ultima Ratio), OHIO STATE JOURNAL OF CRIMINAL LAW.
  15. Javan, Musa, 1950, Fundamentals of Law, third volume, Chap-e Rangin Company, Tehran [in Persian].
  16. McSherry, Bernadette, 2009, Regulating Deviance, OXFORD &PORTL&OREGON.
  17. Moran, Michael; Martin Raine &Robert Godin, 2014, Encyclopedia of Public Policy, translated by Mohammad Saffar, first edition, Mizan Press [in Persian].
  18. Muller, Pierre, 2021, public policy makings, translated by Ruhoddin Kurd Alivand, first edition, presidential legal office [in Persian].
  19. Peczenik, Aleksander, 2008, On Law &Reason, Law &Philosophy Library, Vol. 8.
  20. Sanei, Ayatollah Yosef, 2008, medical judgments, 12th edition, Meysham Tammar publications [in Persian].
  21. Schonsheck, Jonathan, 1994, On Criminalization; An Essay in the Philosophy of the Criminal Law, Kluwer Academic Publishers, Netherlands.