Modern Jurisprudence and Law

Modern Jurisprudence and Law

A pale analysis of the general aspect of the crimes related to the law on reducing the punishment of imprisonment

Document Type : Promotional article

Authors
SeyedMojtaba Momeni 1
SeyedMojtaba Momeni 1
Muhamad Reza Ataei 2
Jan ahmad Aghaii 3
1 Ma. in Criminal Law and Criminology, Anzali Branch, Islamic Azad University, Anzali, Iran 4th level scholar, foreign jurisprudence and principles, Qom seminary, Qom, Iran Member of the Lawyers Center of the Gilan Province Judiciary
2 Ph.D. Student in private law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran
3 Assistant Professor of Criminal Law and Criminology, Islamic Azad University, Anzali Branch
10.22034/jml.2024.2029479.1374
Abstract
Abstract

In criminal law, crimes are divided into two aspects: crimes with public aspects and crimes with private aspects, which has caused important changes in the status of crimes from the point of view of being forgivable and unforgivable, including the passage of time and the possibility of prosecution without a private plaintiff. From the time of formation, governments considered the right to punishment for all crimes as a manifestation of authority and social system, and from this point of view, they considered all crimes to have a public aspect. He waived this public right in favor of private rights to some extent, but still, in general, crimes had a public aspect and the private aspect had an exceptional state.

Until, with the approval of the law on reducing the punishment of penal servitude approved in 2019, the legislator took a surprising action to downplay the general aspect of crimes, and from this point of view, there have been many criticisms of this legislative method. In this research, this category is looked at with a critical view and its flaws are examined, and it is suggested that in the next reforms, more attention should be paid to the public aspect as an important principle in preventing the occurrence of crimes.
Keywords
Key words: public aspect of the crime
private aspect of the crime
law to reduce the penalty of imprisonment
unforgivable crime
public order
Subjects