Research and development in criminal law and criminology

Research and development in criminal law and criminology

Analyzing the Criminalization of Drug Addiction within the Framework of Status-Based Offenses: A Comparative Study of Iranian and U.S. Criminal Law

Document Type : Original Article

Authors
Salman Nikbakht 1
Alireza Ebrahimi 2
1 PhD Candidate, Department of Jurisprudence and the Foundations of Islamic Law, Faculty of Theology, University of Qom, Qom, Iran
2 Assistant Professor, Department of Jurisprudence and the Foundations of Islamic Law, Faculty of Theology, University of Qom, Qom, Iran
10.22034/jclc.2025.2073849.1265
Abstract
A significant issue in criminal law is the criminalization of conditions not grounded in the commission of a specific actus reus (criminal act), but rather based on the recognition of a specific state or circumstance of an individual. Drug addiction is a prominent example of such a condition, consistently serving as a subject of controversy among criminal law scholars. This study, utilizing a descriptive-analytical methodology, examines the criminalization of addiction within the framework of “status-based offenses.” Through a comparative study of the legal systems of Iran and the United States, it analyzes the similarities and differences in how these systems address this phenomenon. First, the theoretical foundations of addiction and status-based offenses, along with their constitutive elements, are elucidated. Subsequently, the perspectives on the criminalization of addiction within Iranian and American law are analyzed. By examining the U.S. criminal approach toward the status of addiction and the critical distinction between “use” and “addiction,” this study provides a framework for analyzing and comparing the respective criminal policies. The findings reveal that the criminalization of addiction conflicts with fundamental principles of criminal law, including the principle of legality (nullum crimen sine lege) and the principle of act-based criminalization. In the U.S. legal system, relying on the Supreme Court’s ruling in Robinson v. California, the status of “mere addiction” has been deemed non-punishable, a position supported by the majority of legal theorists. In Iranian law, although addiction has been criminalized since 1980, the legislative approach has gradually shifted from a punitive model to a treatment-oriented one. From a theoretical perspective, the alignment of “mere status” with the material element of a crime (actus reus) remains unjustifiable. Accordingly, a reconsideration of Iran’s criminal policy toward this phenomenon is warranted.
Keywords
Status-Based Offenses
Drug Addiction
Comparative Criminal Law
Criminal Policy
Iran
United States
Subjects
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