مطالعات فقه و حقوق اسلامی (Jan 2023)

Confronting the criminality of immigrants "Subjects that exist and Necessities"

  • Faranak Mahzari,
  • Batool Pakzad,
  • Hasan Alipour,
  • Mojtaba Farahbakhash

DOI
https://doi.org/10.22075/feqh.2023.29086.3454
Journal volume & issue
Vol. 14, no. 29
pp. 277 – 314

Abstract

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Immigrants' delinquency and the framework of theoretical debates related to it have always been the subject of discussion in various sciences, including law based on the fundamental principles of human rights, international law, and specific components of domestic law. In this article, with a descriptive and analytical view, the approach of criminal response policies towards the crimes of immigrants has been explored with reference to the existing laws, and in the discourse of criminal policy in the field of criminal policy, it is concluded that Iran's criminal laws regarding immigrants have a criminal-oriented and security-oriented approach. While a deep knowledge and understanding of the various aspects of the phenomenon of immigration in the field of criminalization requires the establishment of strategic laws and the determination of pathologically appropriate policies and executive policies with differential policies with regard to the personality component of criminals, the analysis of the situation of immigrants and the attitude towards its social interactions and the consequences of committing a crime while maintaining security It is the territory and protection of the boundaries of the country, which is achieved by developing comprehensive and comprehensive laws in line with human rights attitudes with appropriate responses in coordination with related organizations and institutions in dealing with the delinquency of immigrants.

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