Discussions about Iran's anti-narcotics law
the Name of God
Part I
In the anti-narcotics iranian law and reformes and extensions of it in 2009, Iran's legislator has always focused on the criminal policy based on repression and punishment by determining disproportionate and heavy punishments, especially death and life imprisonment, but this criminal policy is not favored and performenced by the criminal policy. Judiciary (judicial approach) has not been placed. The criminal policy governing drug crimes basically revolves around government responses, both criminal and non-criminal, but in the non-criminal responses to prevention and treatment, the role of non-governmental organizations and organizations is noticeable with Existence positive and danial role of government . Partial decriminalization of addiction, participation of non-governmental organizations and non-governmental organizations in the treatment of addicts and addiction recovery, criminalization of industrial psychoactive substances and reduction of the confiscation of all criminal property to only property resulting from crime, cooperation with other countries in the prosecution and monitoring of drug crimes Narcotics, establishing a guarantee of passport cancellation for perpetrators and intensifying the punishment of the leaders and main persons of drug crimes from the reforms of the 2010 Anti-Narcotics Law under the influence of the general anti-narcotics policies approved in 1985 and international conventions, especially the 1988 United Nations Convention has been united In Iran's judicial system, due to various reasons, including the unregulated and indiscriminate use of amnesty and punishment reduction institutions, the unwillingness of many judges to implement severe punishments, the slow speed of criminal proceedings, to a large extent the principles of certainty and certainty of the indictment and the execution of the sentence. questioned as if non-compliance. The principle of criminal law, the proportionality of the punishment to the crime, is evident in the anti... law at the legislative stage, and the discretionary treatment of some respected judges in the application of the same law was disproportionate and increased punishment, and perhaps the amnesty institution aims to correct this disparity in order to establish judicial justice spirit that governs the Islamic laws and customs, which is the background and the necessary condition to achieve justice in the general sense. . Issuing death sentences The numerous corruption cases in the show itself is considered a violation of the purpose of abolishing the death penalty in drug-related crimes. Although it has not been able to strengthen the argument of the supporters of the death penalty, which is indeed a deterrent and lack of enforcement of others. This law and numerous shortcomings and other excesses and the prevalence of the sinister culture of informants have all caused that drug-related prisoners are a large number of prisoners in Iran and are in the 1st place of death and life imprisonment, which is similar to the cases mentioned in the previous lines that were violations in the implementation of the law. It is important to be extreme, and now why should we be extreme to try to establish balance with excess.
With the above descriptions, we will briefly examine each of the listed defects and try to find a way to solve them in separate discussions.
In continuation of the previous article, the first objection to this law is the failure to determine the duty regarding multiple crimes. This causes the esteemed judges to misunderstand the law and the emergence of the judicial practice of referring to the Islamic Penal Code and determining the punishment of multiple crimes for drug crimes with the argument that According to the rule, in cases of silence of the special law, we refer to the general law.
While in the author's opinion, as a legislator, he was in a position to express himself and pointed to the issue of repetition of the crime, but he kept silent about the multiplicity of the crime, so he did not want to criminalize the multiplicity of these crimes by referring to the special nature of these crimes, which cannot be committed without multiplicity. I will give an example:
An addict buys drugs from a drug dealer and gets into a taxi and goes home. He sells half of it to his friend in the neighborhood and 1 hour after reaching home he is arrested while using it with the complaint of his family and he confesses to all the above cases. Shall we punish him for committing the crimes of using, buying, selling, carrying, keeping? According to the judicial procedure, the answer is yes. While we are acting against the law itself, fairness and judicial justice. that we should think about these misunderstandings and the law needs to be amended without a doubt
By farzad deljouy