The Crisis of Legislation in Criminal Law

Document Type : Original Article

Authors

• Hasan ali Rezaei ¹
• Arsalan Kousha ²

¹ Student of Criminal Law and Criminology, Islamic Azad University, Noorabad Mamasani Branch

² Dr. Arsalan Koosha, Lecturer, Law Department, Noorabad Mamasani Branch, Islamic Azad University, Noorabad, Mamasani, Iran. Corresponding author

Abstract

Overreliance on criminal law to get things done has become a major problem for the administration of the criminal justice system. It is worth noting that criminal laws are not necessarily a good basis for judgment in all cases and cannot be the basis for the administration of justice. The use of criminal laws to enforce morality, provide social services, and avoid legal obstacles to law enforcement has so far been fruitless and can be said to have yielded no results in at least the three aforementioned areas and has created new obstacles and problems for the enforcement of criminal laws against crimes that threaten the security of society. In the area of social crimes, this approach has manifested itself in the form of police assault and violent behavior, and this is more evident with regard to the poor and members of subcultures in society, and has probably led to a sense of distrust and apathy towards the law. This approach has also strengthened organized crime and increased the occurrence of crimes, rather than suppressing them. When criminal laws replaced social services, many law enforcement resources were diverted from their original purpose of protecting the public from serious crime. The use of these laws by police to remove obstacles to law enforcement has created a principle called “legality” and has also created ambiguity and inconsistency in the provisions of the law.

Keywords

• Legislation
• Crime
• Criminal
• Social Services
• Community Safety

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