خلاصة:
The Constitution is a tool for limiting state power and guaranteeing rights and freedoms. In this law, just as the organizational structure of the high government powers and their relationships with each other are explained, the limits of the power of the rulers and the three branches on one hand, and public and individual freedoms on the other, are defined. Criminal policy—meaning the human-centered criminal or non-criminal methods through which society responds to criminal acts—is one of the few topics whose general principles have been approved in the Constitution of the Islamic Republic of Iran, and the Judiciary, with the aim of supporting individual and social rights, is responsible for formulating and implementing its practical solutions within the framework of ordinary laws. In this writing, from the perspective of criminal policy, the legislator's thought in supporting the strategic principles of criminal policy on one hand, and the mechanism of managing criminal policy in the Constitution of the Islamic Republic of Iran is examined.
ملخص الجهاز:
Criminal policy 3, meaning the human-centered criminal or non-criminal methods that society uses to respond to criminal designations, is one of the few topics whose general principles have been approved in the Constitution of the Islamic Republic of Iran, and the Judiciary, with the aim of supporting individual and social rights, is responsible for formulating and implementing its practical solutions within the framework of ordinary laws.
Based on the Constitutional Monarchy, the government in a general sense and the Minister of Justice in particular, in coordination with the Prime Minister, would study the required criminal policy of the country, present solutions considering existing weaknesses, formulate it in cooperation with the Legislative Power, and implement it through the Prosecutor's Office, while criminal courts were, in essence, responsible for judicial matters.
The distinction between the management of the formulation and implementation of criminal policy from the executive power on one hand, and the appointment of the Head of the Judiciary, who is considered the highest authority of the Judiciary and can only be dismissed by the Leader, and the transformation of the presidency of the Judiciary according to ordinary law into a judicial presidency, is a new teaching of the Judiciary (32)-Ahmad Matin Deftari, Civil and Commercial Procedure, Volume One. Third Edition.
The Role of the Judiciary in Formulating and Managing Criminal Policy One of the important features of the Constitution of the Islamic Republic of Iran is that, according to its principles, the duties of the three branches of government are clearly separated.