نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The dignity-based approach is an approach that, unlike the risk-based approach, seeks to reform criminals by emphasizing human dignity. Given the shaky theory of the failure of rehabilitation and the revival of the dignity-based approach and the application of correctional institutions of this approach alongside the institutions of the risk-based approach, the basic question of the present study is what is the relationship between these two approaches in the criminal policy of the West, Islam, and Iran? This article examines the relationship between these two approaches in the mentioned legal systems using an analytical-descriptive method and library resources, and its findings indicate that in the criminal policy of the West, various hypotheses of confrontation, apparent interaction, and real interaction are proposed. In the criminal policy of Islam, due to the alignment of the principles of the risk-based approach with the dignity-based approach, the hypotheses of confrontation and apparent interaction are rejected and only the hypothesis of real interaction is proposed.Also, due to the influence of Western models on Iranian criminal policy alongside the Islamic model, various assumptions existing in the West are also present in Iranian criminal policy, which has led to a lack of alignment between lower legislative policies and supra-legislative policies. Therefore, the findings of this article make it necessary to present a new model of criminal policy, which, while aligning lower legislative policies with upstream documents, will lead to the realization of a real interaction between these two approaches in Iranian criminal policy.
کلیدواژهها [English]
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