Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 75-89 | Back to browse issues page

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Kafi M, Shekarchizadeh M, Tavakoli A. Differential criminal policy in unintentional crimes causes blood money in the light of the pluralism of the criminal justice system. MLJ 2021; 15 :75-89
URL: http://ijmedicallaw.ir/article-1-1354-en.html
1- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract:  
Background and Aim: Differential criminal policy in criminology is one of the first manifestations of pluralism in criminal law systems. The purpose of this study is to investigate and apply differential criminal policy in the field of unintentional crimes causing diyat.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: He observed manifestations of differential criminal policy in the design and adoption of criminal laws, especially the new Islamic Penal Code. In recent laws, we can see examples of the legislator's differential approach in dealing with judicial authorities from the time of discovery to the execution of sentences for unintentional crimes causing diyat. However, it seems that the mentioned regulations do not have the necessary comprehensiveness and at present it is not possible to explicitly confirm the existence of a differential criminal policy in unintentional crimes causing diyat.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; This means that traditional classifications cannot cover the current complex relationships of legal entities. The discriminatory criminal policy in relation to unintentional crimes causing diyat is no exception to this principle. From this perspective, a comprehensive and unified order for all areas of criminal law cannot be considered.

Cite this article as: Kafi M, Shekarchizadeh M, Tavakoli A. Differential criminal policy in unintentional crimes causes blood money in the light of the pluralism of the criminal justice system. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/02/7 | Accepted: 2021/07/18

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