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An Introduction to the Logic of Substantive Criminal Law

Document Type : Research Paper

Authors

1 PhD, Department of Private Law, University of Isfahan, Isfahan, Iran.

2 Associate Professor, Department of Law, University of Isfahan, Isfahan, Iran.

10.22054/jclr.2026.78937.2654

Abstract

Introduction
The rules of criminal law logic in a legal system must be applied both at the time of legislation and at the time of implementation and interpretation. Observing these rules at the time of legislation or interpretation reduces ambiguities and is a factor in preventing deviation from the correct path of interpretation. In the logic of criminal law, firstly, there is coordination and coherence between the components of the legal system; secondly, the rules are based on thought and a type of criminal policy in the pre-legislative stage; thirdly, there is an effort to write clear and unambiguous legislation; and fourthly, the interpretation of the law is based on the principles and rules of interpreting criminal laws in order to prevent the personal preferences of the interpreter. In a short definition, the logic of criminal law can be considered a set of rules governing the way in which criminalization is done and punishment is determined at the legislative stage and the way in which criminal laws are interpreted when the law is applied by the judicial authorities.
Research Objective
The purpose of this research is to express some of the most important legal principles, criminalization rules and rules of criminal law logic, both at the stage of law drafting and at the stage of interpretation, so that by applying these rules, we can witness efficiency, coherence, and increasing citizens' trust in the legal system.
Research Method
The research method in this article is descriptive-analytical, and data collection is through library and documentary sources.
Findings
Among the basic criteria that should be considered in the development of criminal laws and in light of which legislation should be enacted are:
1) Applying the principles of the constitution (constitutional law), which ensures the coherence of the various parts of criminal laws and prevents the expansion of the scope of crime.
2) Clear legislation in light of the principle of legality of crime and punishment, which both guarantees the rights and freedoms of citizens and is a factor in preventing the application of personal opinions by judges when interpreting laws.
3) According to the principle of "moderation", the mildest punishment that also meets the intended purpose should be selected from among the various punishments.
The logic of criminal law requires that the criminal policy on which legislation is based be based on constitutional law and "rights-centeredness" so that 1- the freedom of citizens is not restricted for any reason and 2- their security is maintained in a desirable manner. While "security-based" criminal policy in temporary crises considers the only way to respond to irregularities to be maximum criminalization and the provision of the most severe punishments, such a view is contrary to legal logic and is on the path to dehumanizing criminal law.
Conclusion
The logic of criminal law is a systematic set of all its parts, from the beginning of legislation to implementation and interpretation, according to criminalization rules and specific principles and criteria. In this process, if a judge or interpreter wants to interpret the criminal law, he must use the rules that exist in this set. This method preserves the rights and freedoms of individuals and prevents the application of personal opinions and preferences. In this study, some of these principles of interpretation that have received less attention, such as "interpretation of criminal law in light of the principles of the constitution", "the rule of interpreting vague and subjective concepts through objective criteria" and "justice-oriented interpretation of criminal laws", were mentioned. According to the aforementioned principles, every effort is made to ensure that the legal order is in place with a systematic interpretation that is in accordance with the logic of criminal law, and that the judge and interpreter do not see themselves as free, and at the same time, justice is also possible. It is proposed that a comprehensive law be drafted, in which legal principles, considering rights-based criminal policy and attention to restorative justice, regulations regarding the principles and criteria of legislation and the interpretation of criminal law should be formulated, so that the logic of Iranian criminal law can be understood.

Keywords

Main Subjects

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Journal of Criminal Law Research
Volume 14, Issue 54
April 2026
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