Culmination of Law

Culmination of Law

Evolution of Criminal Drug Policy; Effects and Challenges

Document Type : Original Article

Author
Ali Morad Heydari
Associated Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
10.22034/thdad.2023.1986852.2343
Abstract
According to the note of Article 45 of the Anti-Narcotics Law, the perpetrator will not benefit from the suspension of the execution of the sentence, parole and other social institutions, except for the amnesty of the leadership position.
On 04/07/1401, "the plan to add an article to the law on reducing the punishment of imprisonment" was announced by the parliament, which, if approved, will replace the note of article 45.
The question of whether this possible change can be considered as a turning away from "strict criminal policy" and choosing "friendly criminal policy" in dealing with drug crimes?
In this first article, the manifestations of "friendly criminal policy" in the upstream documents, general criminal policy and specific criminal policy have been examined.
Then, the general approaches of the criminal policy of drug addiction and the two views of "absolute prohibition" and "absolute necessity" of the application of drug addiction regulations have been criticized and analyzed And after that, the approach of relative and case-by-case application in the framework of "harmonious drug policy" has been proposed as a way out of practical conflicts in the light of unanimous decisions.
Keywords
“narcotic criminal policy”
“strict criminal policy”
"friendly criminal policy"
“drugs”
“trafficking”
“the law on reducing the punishment of imprisonment”

Subjects

Resources
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Culmination of Law
Volume 10, Issue 2
Autumn 2024
Pages 99-122