The basics of decriminalization and its examples in Iranian criminal law

Abstract

Decriminalization is an important issue that has occupied the minds of criminal law scholars due to the increase in the criminal population, because criminal prosecution is a two-way matter that is related to the rights and freedoms of individuals in society on the one hand and to public order and security on the other. The investigation and resolution of claims arising from criminal offenses is usually within the jurisdiction of judicial authorities. Decriminalization is the removal of the investigation and resolution of such claims from the process of formal criminal proceedings. This separation may be carried out in different ways in different legal systems. The emergence of new conditions and requirements has forced criminal law to observe issues and regulations to follow new perspectives in its proceedings, including the principles governing punishments, which criminal law must try to follow by adopting new approaches. In terms of research objectives, this article has examined the foundations of judicial decriminalization and its examples in Iranian criminal law and the recognition of the positive performance of judicial decriminalization in the judicial system. In terms of practical objectives, the information was collected through documentary methods and through the study of reliable laws and sources, and the information obtained was analyzed in a descriptive-analytical manner. Based on the findings, it can be said that judicial decriminalization reduces the burden on the judicial system and reduces the density of incoming cases to the judiciary, and ultimately accelerates the realization of rights in an easy, cheap, and, as a result, more just manner.