Volume 9, Issue 34 (Social Welfare Quarterly 2009)                   2009, 9(34): 301-320 | Back to browse issues page

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Zeinali A. Range of Legislative Intervention in The field of Social Problems and deviations. Social Welfare. 2009; 9 (34) :301-320
URL: http://refahj.uswr.ac.ir/article-1-2418-en.html
Abstract:   (997 Views)

Objectives: Criminal law is one of the important social control mechanisms that regulate behavior and people activities in society. This kind of interference there is a difference with other instruments social control because of using repressive techniques against those who infraction its instructions. Penal law defines values that represents our way of life are reflected and use the direction of "big stick" punishment as a tool in direction of strengthening the values and ensure respect for them. In this direction penal law not only sought to protect the individual, but to support the structure and the combination of society as well. Penal interference prescribed in order to achieve the certain objectives is that the negligence to practical and capacity of this kind of interference, confront with serious doubts the rate of its success. This article deals with this issue in the field of crimes related to deviations and social problems.

Method: This research is to description and analysis method has been writing and in the light of studying Iran legislative criminal policy assesses the amount of penal interference in the light of experimental and comparative studies.

Findings: Iranian legislator to combat undesirable and abnonormal behaviors that is locating in the framework of individual and social Freedom, deviations, sins, and even prohibited behaviors have been use the criminalization mechanism. criminalization's extensive, unjustifiable, vague and general in various areas like the auditory and visual, conduct coverage and titles such as; addiction, vagrancy, Begging, the demonstrators were forbidden to act and committing any practical public chastity wound labarum are unqualified recognition, not only has provided to securing the expression of some deviations in the form of crime and Commixture borders between crime and sin, But also with instrumental using of criminal law for apparent social Coordinate and lack of success in general and specific intimidation citizens about the preventing of committing of criminalizing behaviors due to inattention to values of people and public opinion have been reduced the dignity of the criminal justice.

Results: criminal justice system has limited capacity in fighting against crime and the giving of responsibility of social control for it. Criminalization should be considered as the ultima ratio and with the observation of theoretical, practical and criminological limitations about the criminalization. Inattention to the subject of many negative consequences and will be followed. Most important of which can be name the increase number of black and gray crime, representing negative social criminal justice system, creating realms discriminative and possibility the abuse in the implementation of the law, weakening moral dimensions of Criminal Law, a decrease in efficiency of punishments, potential criminologinic of criminal law by labeling process and legitimacy crisis. In line with the problem proposed the assigning criminal reactions by some of the favorableness offensive behavior and handing over the current; organizing and controlling behaviors in other fields such as educational system, the family, the cultural and religious institutions, medical , health and welfare Structures.

Full-Text [PDF 297 kb]   (344 Downloads)    
Type of Study: orginal |
Received: 2016/04/17 | Accepted: 2016/04/17 | Published: 2016/04/17

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