ali ganji
Abstract
Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria ...
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Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria and their impact on the criminalization are first addressed and then the position of expediential criminalization is studied in the Islamic republic of Iran government. In the Islamic republic of Iran, the criterion for expediential criminalization is the benefit of the government. The reference for determining it is the council selected by the leader known as “the expediency discerning council”. In some cases, this institution has the right to cross the principles and provisions of the constitution and Islamic laws. This type of expediency has an important impact on the criminalization due to which criminal, political, and periodical inflations and reactive criminal laws occur and it faces various challenges such as political, legal, ethical, religious, and human rights challenges.
