Abstract:
The administrative system, as the driving engine of development, is an essential component for operationalizing government programs and achieving state objectives. Therefore, a healthy, efficient, and effective administrative system constitutes one of the fundamental pillars of successful governance. The core of any administrative system consists of its “human resources,” whose moral integrity plays a critical role in realizing governmental programs and preserving social capital. Given that human beings are exposed to various vulnerabilities; contemporary societies seek to organize optimal responses to criminal phenomena. The present article, which is descriptive-analytical in nature and employs library-based research methods, aims to answer the fundamental question: What are the characteristics of an ideal criminal policy in the administrative system? The findings indicate that, in formulating such a policy, due attention must be paid to its coherence, evaluability, and public participation in both its design and implementation. To achieve an optimal criminal policy within the administrative system, the following components should be incorporated: Rational components: Rationality here means relying on valid sources of knowledge, reasoning capacity, and direct cognition. These include drawing on the findings of criminological schools, principles of good governance, economic considerations, developmental foundations, preventive measures, rehabilitation of offenders, and balanced participation of governmental institutions and NGOs. Philosophical components: Policymakers must pay particular attention to societal culture — insofar as it does not conflict with established scientific truths or fundamental rights of citizens — so that the resulting policies enjoy broad public acceptance. Empirical components: Utilizing proven practical achievements such as the implementation of preventive policies, administrative transparency, protection of whistleblowers, and the application of modern technologies can significantly contribute to reducing crimes and administrative violations while enhancing the overall integrity of the administrative system.
Machine summary:
Utilizing the findings of criminal schools, characteristics of good governance, economic considerations and development foundations, preventive measures, rehabilitation of offenders, and the balanced participation of state institutions and NGOs are among the rational components that must be considered in the formulation of this policy.
Although in the judicial practice of the Islamic Republic of Iran, a government official was perceived as a person who was legally attributed to and affiliated with the state in the general sense, and the concept of the state in Iranian criminal law was used in the general sense of the word, and they blocked the application of the principle of strict interpretation based on logical interpretation and understanding the legislator's intent; therefore, anyone who was responsible for performing a duty in line with public order and according to the law was considered a government official, because they acted with the support of the state-sovereignty Characteristics of Desirable Criminal Policy in the Administrative System / Kosha and Rajabzadeh 149 improving the integrity of the administrative system and combating corruption, which was approved by the Expediency Discernment Council on 2011/10/30, and also the Civil Service Management Law passed on 2007/09/29, addressed it in such a way that in this law, mention is made of the state and persons entrusted with public duties.