Background of Achieving a Realistic Legislative Criminal Policy in Iranian Penal Laws

Abstract

For a criminal policy, in the broadest sense, to be successful and compatible with a realistic view of the criminal phenomenon in the field of pragmatism judgment and to achieve its objectives, it needs a background which, in its absence, not only laws based on realistic criminal policy fail, but their application in such a situation will cause a double damage to society: legal and moral. Apply methods of social prevention in the economic and cultural dimension, observing the principle of minimum criminal law, the mandatory anticipation of the presentation of a personality profile in all crimes committed and finally, the establishment of a care administration to comply with the implementation of realistic laws in the best possible way. It is concluded that this path that combines criminal policy and pragmatic legal realism is one of the desired areas in question in the field of criminal investigation in Iran. This research, which is conducted using the content analysis method, identifies the background for the implementation and enforcement of a realistic legislative criminal policy in Iran to remove obstacles to this advanced scientific knowledge.