The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Self-discipline as a way to decriminalize the crimes of government organizations "Study Case: Caspian Coast Liberation Plan"

Document Type : Original Article

Authors
1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Zabol University, Zabol, Iran.
2 Assistant Professor, Department of Law, Faculty of Literature and Human Sciences, Zabol University, Zabol, Iran
10.22034/mral.2023.2007910.1497
Abstract
Self-discipline reflected in the government's criminal policy is one of the forms of decriminalization in order to respond non-criminally to crimes committed by public and government organizations. In the framework of this approach, identifying the manifestations of self-discipline in the plan to liberate the Caspian coast provides the basis for the adaptation of the current policies with the approaches derived from the knowledge of decriminalization. The results of this research, which was conducted with the case study research method, showed that the government has accepted the commission of crimes related to non-compliance with the legal protection of the sea coast by the institutions under the government by introducing the plan to liberate the sea coast. However, it has not considered punishment as a suitable response to deal with criminal behavior. Therefore, non-criminal politics has tried to, on the one hand, by requiring government agencies to respect the legal protection of sea shores within a certain period of time, and on the other hand, by relying on the mass media, to emphasize the requirement of all agencies to comply with the rule of law. have The simultaneous implementation of these two policies, from the perspective of crime prevention knowledge, is considered a form of decriminalization of the criminal behavior of government institutions.
Keywords
Subjects

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    References

    1. Persian Sources

    Books

    1. Daksardi, Walter S., *Contemporary Critical Criminology*, Translated by Mehrdad Rayejian Asli and Hamidreza Danesh Nari, Tehran: Dadgostar, 2013.
    2. Mireille Delmas-Marty, *Great Systems of Criminal Policy*, Mizan Publishing, Third Edition, 2016.

    Articles

    1. Asadi, Hamid, et al., “The Concept and Position of Regulation with an Emphasis on Responding to Stock Market Crimes,” *Islamic Law Research Journal*, 20th Year, No. 50, 2019.
    2. Emami, Mohammad, and Hamid Shakeri, “Good Governance and the Constitution of the Islamic Republic of Iran,” *Comparative Law Research Journal*, 2015, No. 2.
    3. Bostani, Mohammad Hossein, and Asadollah Yavari, “Essentials of an Efficient Government: A Case Study of the Modern Liberal State,” *Journal of New Administrative Law Research*, Vol. 5, No. 14, 2023.
    4. Jamshidi, Alireza, et al., “From Decriminalization to Offense Categorization (A Comparative Study),” *Judicial Legal Views*, Vol. 27, No. 97, 2022.
    5. Javan Jafari Bojnourdi, Abdolreza, and Mohsen Noorpoor, “Criminal Prosecution Avoidance: A New Reflection of Decriminalization,” *Criminal Law Research Journal*, Vol. 6, No. 2, 2015.
    6. Haji Vand, Omid, et al., “State Responsibility for Environmental Crimes in Iran: Necessities and Challenges,” *Environmental Sciences*, Vol. 16, No. 2, 2018.
    7. Hosseini, Seyyed Hossein, et al., “The Necessity of Observing General Criminal Law Principles in Administrative Violations,” *Public Law Journal*, Vol. 10, No. 32, 2021.
    8. Hosseini, Ali Asghar, Mohammad Ali Mahdavi Sabet, Mohammad Ashouri, and Ali Safari, “A Justice-Oriented Interpretation of Iran's Criminal Policy Through Decriminalization, Emphasizing Criminal Law Principles and International Instruments,” *Medical Law Quarterly*, Special Issue on Human Rights and Citizenship, 2020.
    9. Darvishi, Babak, and Amir Ali Zeinali Aghdam, “The Nature of Administrative Sanctions in the Iranian Legal System,” *International Legal Research Journal*, Vol. 7, No. 25, 2014.
    10. Dashti, Mohammad Taghi, Zahra Zandieh, and Mohammad Mehdi Far, “Conflict of Interest in the Public Sector: Types and Legal Solutions (A Jurisprudential-Legal Analysis),” *Journal of New Administrative Law Research*, Vol. 5, No. 16, 2023.
    11. Rostami, Hadi, and Mehri Barzegar, “Minimalism in the 2020 Law on Reducing Discretionary Imprisonment and Its Challenges,” *Criminal Law Research Journal*, 2022, Vol. 13, No. 1.
    12. Rostami, Hadi, “Theoretical Structure of Punishment and Its Relationship with Political Theory,” In: Ali Hossein Najafi Abrandeabadi, *Encyclopedia of Criminal Sciences*, Tehran: Mizan Publishing, 2019.
    13. Ramazani, Bahman, and Mohammad Talaghani, “Approach to Integrated Environmental Management in Coastal Organization (Opportunities, Challenges, and Solutions),” *Geographical Information*, Vol. 21, No. 84.
    14. Shatriyan, Mahmoud, and Javad Yahya Zadeh, “The Art of Self-Regulation in Public Law with a Reflection on the Legislative System of the Islamic Republic,” *New Public Law Research*, Vol. 3, No. 6, 2021.
    15. Shayesteh, Mehdi, and Majid Vahid, “Environmental Policy of the Caspian Sea,” *16th Marine Industries Conference*, 2014.
    16. Azimi, Fatemeh, and Mohammad Mirzaei, “The Role and Position of Social Justice in the Islamic Judicial System and the Criminal Policy of the Islamic Republic of Iran,” *Islamic Revolution Pathways*, 2021, No. 54.
    17. Ghafari, Mohammad, and Nobahar, Rahim, “Challenges of Decriminalization and Ways to Overcome Them,” *Criminal Law and Criminology Research Journal*, 2020, No. 8.
    18. Qomashi, Saeed, and Morteza Arefi, “Political and Economic Obstacles to Social Crime Prevention,” *Criminal Law Teachings*, 2017, No. 13.
    19. Kolaei, Elaheh, and Mehdi Shayesteh, “Good Governance and Integrated Coastal Management of the Caspian Sea,” *Environment Studies*, Vol. 40, No. 3, 2014.
    20. Mahmoudi Abbas Tabr, Rahmat, and Shahrbanoo Fouladi, “Political Justice in the Thought of Martyr Motahari and Rawls: A Comparative Study,” *Islamic Social Studies*, 2017, No. 115.
    21. Mahmoudi, Javad, “Decriminalization and Dejudicialization from the Perspective of the Constitution and Administrative Law,” *Theology and Law Specialized Journal*, 2006, No. 19.
    22. Hedayati-Fard, Maedeh, and Reza Kheiraldin, “Developing a Framework for Exclusive Spaces in Coastal Areas: The Southern Coastline of the Caspian Sea from Sari to Mahmoudabad,” *Land Use Planning*, Vol. 9, No. 2, 2017.
    23. Hedayati-Fard, Maedeh, “A Spatial Analysis of Law in Coastal Land Management: Water Action and Conflict of Interest (Case Study: Southern Caspian Sea Coastline),” *Architecture and Urban Planning Letter*, Vol. 14, No. 35, 2022.
    24. Hadi Tabar, Esmaeil, and Reza Hadi Zadeh, “An Introduction to Critical Race Criminology,” *Crime Prevention Studies*, 2016, No. 11.
    25. Yavari, Asadollah, “An Introduction to the Concept of Legal Regulation,” *Comparative Law Studies*, Vol. 5, No. 2, 2014.
    26. Latin Sources
    27. Greer, Alissa, Matt Bonn, Caitlin Shane, Alex Stevens, Natasha Tousenard, Alison Ritter. “The Details of Decriminalization: Designing a Non-Criminal Response to the Possession of Drugs for Personal Use.” *International Journal of Drug Policy*, Volume 102, 2022. https://doi.org/10.1016/j.drugpo.2022.103605.
    28. Hagan, John, Gerd Hefler, Gabriele Cleven, Klaus Boehnke, Hans Boehnke, and Hanks Merkens. “Subterranean Sources of Subcultural Delinquency Beyond the American Dream.” *Criminology*, Volume 36, 1989, 309–341.
    29. Hughes, C. E., and Stevens, A. “What Can We Learn from the Portuguese Decriminalization of Illicit Drugs?” *British Journal of Criminology*, 50(6), 2010, 999–1022. https://doi.org/10.1093/bjc/azq038.

     

     

     

     

Volume 6, Issue 20
Sixth year, 20th issue, ّFall 2024
Autumn 2024
Pages 223-248

  • Receive Date 27 July 2023
  • Revise Date 02 December 2023
  • Accept Date 19 December 2023