Research and development in criminal law and criminology

Research and development in criminal law and criminology

Iran's Criminal Policy Regarding Social Protests

Document Type : Original Article

Authors
1 PhD student in Criminal Law and Criminology, University of Qom, Qom, Iran
2 Professor of Criminal Law and Criminology, Qom University, Qom, Iran
3 Associate Professor of Criminal Law and Criminology, University of Qom, Qom, Iran
Abstract
Protest gatherings are recognized today as a manifestation of the freedom of assembly and a tool for expressing social and political demands. The exercise of this right should only be limited as prescribed by law. Principle 27 of the Constitution of the Islamic Republic of Iran permits such assemblies, provided they are unarmed and do not contravene the principles of Islam. However, given the dimensions and potential consequences of these gatherings, Iran's criminal policy, as a regulatory institution, must address them. Proactively, it can establish a clear framework to govern the process of protests. Conversely, in the event of a crisis marked by unrest and violence, it must adopt a reactive approach through punitive measures. The findings of this descriptive-analytical research indicate that the lack of established legal and institutional frameworks for holding protest gatherings has contributed to public dissatisfaction and the escalation of these protests into widespread unrest. The absence of a coherent legal policy and a specific strategy for managing social protests has challenged Iran's legislative and judicial criminal policy. Therefore, to prevent unrest and manage the resulting crises, it is imperative that a comprehensive and enforceable law be enacted to regulate and systematize protest gatherings.
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