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

Document Type : Research Article


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


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.


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