Document Type : Original Article
Authors
1
Assistant Professor of Criminal Law and Criminology, The Institute for Research and Development in Humanities (SAMT), Tehran, Iran.
2
PhD in International Law, Islamic Azad University, Dubai, UAE.
Abstract
Although it may seem difficult to imagine the ability of criminal sciences to provide measures to support national unity, based on numerous theories in critical criminology, the main factors behind the occurrence of most crimes against national unity - including electoral crimes, spreading lies that lead to public unrest, security crimes subject to Articles 498 to 512 of the Islamic Penal Code, crimes against the psychological security of society, crimes related to newly emerging misguided mysticism, and some media and press crimes - can be attributed not only to extra-legal factors (political, cultural, environmental challenges, etc.) but also to the inadequacies of the legal system itself. Accordingly, reducing the challenge of the increasing growth of crime, and especially crimes against national unity, depends on reforming those criminal laws that themselves are criminalizing. The criminological theories selected for the etiology of crimes that disrupt national unity are theories based on some human rights teachings. Inherent human dignity, the principles of freedom, equality, prohibition of discrimination, prohibition of infliction of suffering, and some other principles of human rights, have an important place in the conceptual development of the criminological theories under discussion, and the preventive measures proposed by the aforementioned theories to reduce crimes that disrupt national harmony have
the potential to be effective in light of these human rights teachings established in the semantic system of the aforementioned theories. This descriptive-analytical article, in the interdisciplinary discourse of critical legal criminology and human rights, after explaining the human rights teachings established in the semantic system of the criminological theories selected for discussion in this article, considers the level of success of the preventive measures proposed by the aforementioned theories to reduce crimes that disrupt national harmony to be dependent on the maximal human rights interpretation of the criminological theories.
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