Document Type : Original Article
Authors
1
PhD student in Criminal Law and Criminology, Department Of Law, Qom Branch, Islamic Azad University, Qom, Iran
2
Associate Professor of Department of Law, Qom Branch, Islamic Azad University, Qom, Iran
3
Professor Of Faculty of Law, College Of Farabi , University of Tehran, Qom, Iran
Abstract
Like other political systems around the world, the Islamic Republic of Iran’s exercise of power is shaped by its own governance model and components. A significant aspect of this governance is its criminal policy i.e., the formulation, regulation, and implementation of measures to address crimes and determine punishments. According to Article 110 of the Islamic of Iran’s Constitution, the authority to set the system's overarching policies rests with the Leader of the Islamic Revolution. Moreover, the Leader’s jurisdiction to pardon or commute sentences, and appoint the judiciary head, the Guardian Council’s Faqhis (Islamic Scholars), and members of the Expediency Council, directly or indirectly, significantly impacts the country's criminal policy orientations. Therefore, analyzing the role of the Leader, as one of the binding and inspiring sources, will be effective in analyzing the approaches of Iran's criminal policy. This research, which has been conducted with a fundamental theoretical approach, seeks to achieve a conceptual model of Iran's criminal policy with an emphasis on the role of the leadership in outlining the general lines of these policies, because on the one hand, Vali-e Faqih, as the Imam of the Ummah, has a special role in mobilizing people in the field of participatory criminal policy, and his guidelines and instructions regarding the role of Wilayat (leadership) in Fatwa, Wilayat in the judiciary, and Wilayat in governance, as a binding source, will have an impact on the legislative, judicial, and executive transformations of the country's criminal policy.
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