نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشپژوه دکتری حقوق جزا و جرمشناسی جامعة المصطفی العالمیة، نمایندگی خراسان
2 استادیار جامعة المصطفی العالمیة، نمایندگی خراسان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Crime is accompanied by criminal and non-criminal response as an anomaly in society that “criminal policy” is responsible to answer it. Criminal policy consists of different levels that legislative criminal policy as the most important and fundamental level of criminal policy is the gateway to the response to the criminal fact and is responsible to form strategy and framework against it. The judicial criminal policy as the executive arm, after that, has the task of dealing with real criminals but this process is challenged in some situations due to some reasons and judicial and legislative criminal policy do not coincide and adapt with each other. The main question in this research is: What are the most important factors of the incompatibility of legislative criminal policy of Afghanistan, especially in the case of crimes against family? The most important causes of this incompatibility according to the findings of this research in the criminal policy of Afghanistan regarding crimes against the family are the lack of including of all issues by law, unavailability of official and judicial authorities, lack of expertise of judges, insecurity, corruption and cultural and moral obstacles governing society. Therefore, these obstacles must be overcome in order to adapt judicial and legislative criminal policy as two arms of criminal policies. The research method in this article is library and analytical descriptive method.
کلیدواژهها [English]
)