Asian Journal of Research in Social Sciences and Humanities
  • Year: 2014
  • Volume: 4
  • Issue: 1

Violationization in the Criminal Policy of Iran

  • Author:
  • Seyyed Mahmoud Mir-Khalili, Abuzar Salarifar
  • Total Page Count: 9
  • Page Number: 290 to 298

*Faculty of Law, Farabi College, University of Tehran, Iran

**Postgraduate student, Criminal Law, Iran

Online published on 16 January, 2014.

Abstract

In the realm of legislation, violationization and criminalization are two important issues which have not been distinguished well in the criminal policy of Iran, and especially the criteria for violationization have not been devised. Since inclusion of a behavior in crime or violate domain leads to practical consequences, this act should be based on appropriate standards and criteria. Violationization is performed in two ways: sometimes certain behaviors are considered as violation because they are unfavorable and are not yet regarded as crime; on other occasions, some behaviors which have been considered as crime by law are excluded from the crime domain and are regarded as violation since they are not deemed to be important. This latter case is called decriminalization. This lack of separation has led to some unlawful violationizations, out of which we might refer to the Administrative Violations Law, enacted in 1993, as well as The Bill of Dejudicialization and Removal of Some Criminal Categories from Law. In the Dejudicialization Bill, some violationizations are performed in certain important domains like environment.

Keywords

Violation, violationization, crime, criminalization