A review of criminal law in the light of the political theory of the constitutional state

Criminal Law is a set of rules to govern society which must be followed and is intended as a deterrent. The consequences of breaking them results in punishment. Criminal trials take place in Magistrates or Crown Courts depending on the type of offense. Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. Understanding the type of thought and political philosophy that governs the government and political system is essential for the theory of criminal law; Because the government's permission to use criminal law in the matter is based on a theory based on which the government is legitimized and the scope of its duties and powers are determined. In Islamic societies, the introduction of the idea of constitutionalism or constitutionalism has faced criminal law with many challenges and dualities in the goal, source, reference, and method. The political theory of the constitutional government in Iran, which is influenced by Naini's theory from a jurisprudential point of view, is an effort that, on the one hand, includes some of the requirements of the modern government, and on the other hand, includes the Shari'a requirements emanating from Shiite jurisprudence. By generalizing the basis of the legitimacy of the political theory of the constitutional state to the criminal theory, especially criminalization and punishment, this article tries to show to what extent this political theory can create and commit to a proper criminal system. The criminal theory arising from such a political theory creates challenges and conflicts in determining the scope of criminal law. The problems that the legal government is still facing and the creation of a homogeneous criminal theory, especially in these two areas, have faced a dilemma.

کلیدواژه ها:

Criminal theory ، constitutionalism ، political theory ، constitutional government theory ، criminalization