چکیده:
The Pahlavi era is the era of the establishment of criminal modernism.The Pahlavi government in this period accepted the validity of the Shari'a rulings to a minimum, but what is evident is that the government, after consolidating the foundations of its power, removed the validity of the Shari'a rulings from the text of the criminal law. The discourse of "criminal modernism" in this era, by rejecting the discourse axes of "sharia punishment", seeks to strengthen its foothold in the context of the developments of punishment in this period. The introduction of modern philosophical teachings and criminal law, the impact of new achievements in criminology and the legal system of France and the role of the "royal punishment" discourse in establishing the power and foundations of the Pahlavi government can be the most important factors influencing the evolution of punishment.The questions raised about the punishments of this age are, firstly, what discourses have been present in the context of the developments of punishment in this age, and secondly, what have been the effective factors and the role of these factors in the power of these discourses.The main issue of the research is to explain the role and effect of the present discourses in the context of the developments of punishment in the Pahlavi era. The researchers use Practical Discourse Analysis Method
خلاصه ماشینی:
The introduction of modern philosophical and criminal law doctrines, the influence of modern criminology achievements and the legal system of France, and the role of the "royal punishment" discourse in consolidating the power and foundations of the Pahlavi government can be considered among the most important factors affecting the transformations of punishment in this era.
" (Article 55 of the General Penal Code 1304) "Whoever, by means of a newspaper, magazine, or any other type of publication, insults the position of - legislative attention - the monarchy, the person of the King or Queen, or the Crown Prince, shall be sentenced to a punishment of one to three years of disciplinary imprisonment to - preserve the status and political position of the King.
As a result of the influence of such opinions from criminal law professors, higher education centers in Iran, with the new amendment of Article 207 of the General Penal Code 1 in the year 1310 after the repeal of the previous text of this article, removed the death penalty from crimes against chastity in the style of the legal systems of European countries by using the general term "illegitimate relationship," which replaced the jurisprudential title "zina muhsana.
The analysis of punishment in this era indicates the presence of three central signifiers, which are explained as follows: the innovation of the General Penal Code in defining the principle of legality of crime and punishment, aggravating and mitigating circumstances of punishment, punishment for political crimes, the semi-liberty system, and conditional release of convicts in line with the "modernization of criminal law" in the Pahlavi era resulted from the adaptation of the French criminal law system and the dominant influence of new criminological doctrines.