Culmination of Law

Culmination of Law

The position of the death penalty in the prevention of drug crimes from the perspective of Iran and Afghanistan

Document Type : Original Article

Authors
Hassan Ebrahimi 1
Rajab Goldoust Jooibari 2
Abdolvahid Zahedi 3
1 - PhD Student in Criminal Law and Criminology, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 Associate Professor and Faculty Member, Law Department, Shahid Beheshti University, Tehran, Iran
3 Associate Professor, Department of Criminal Law and Criminology; School of Law; Islamic Azad university; South Tehran Branch ;Thran; Iran
10.22034/thdad.2024.2013590.2591
Abstract
The death penalty for drug crimes always causes jurisprudence to be challenged Because the explanation of this offense in the form of punishments is not very justifiable in terms of jurisprudence.In this research, the nature of drug crimes and the application of the death penalty for this crime are explained in order to prevent the occurrence of such crimes from the perspective of the laws of Iran and Afghanistan.
The current research is of an applied type and purpose, and in terms of descriptive nature, it is analytical with a content analysis approach, which was carried out by examining the available information data. Its statistical population is all the legal and jurisprudential foundations of the two countries of Iran and Afghanistan, from which existing and current laws are extracted and applied.The sample size is the whole number and the conclusion has been reached by reviewing and analyzing the available data.
The comparison and analytical studies show that the laws of Iran and Afghanistan have conflicts and similarities in terms of jurisprudence and jurisprudence.By considering the laws of the two countries and comparing them with each other, it was found that the basis of the introduction of the death penalty in the law of both countries was actually Roman Germanic law, which with the introduction of jurisprudence in their laws and the legal movement to prohibit the death penalty in the legal community. It caused several interpretations about the nature of crime and acceptance of execution based on jurisprudence regarding drug crimes.
IIt can be said that Afghanistan, by taking advantage of the experiences of other countries and preventing the entry of jurisprudential views on penal crimes; A comprehensive law on narcotic substances was approved, which is free from any kind of bias and expediency regarding the defendants.
Keywords
Punishment
drugs
execution
expediency.Iran.Afghanistan

Subjects

References
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Websites
Institute for Contemporary History Studies of Iran, Website of the Institute for Contemporary History Studies
Culmination of Law
Volume 10, Issue 4
Spring 2025
Pages 233-271