Document Type : Original Article

Authors

1 Azad Islamic University-Tehran Shomal

2 Assistant Professor, Department of Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran

3 Tehran University-Farabi

4 Shahed University

Abstract

Immigrants' delinquency and the framework of theoretical debates related to it have always been the subject of discussion in various sciences, including law based on the fundamental principles of human rights, international law, and specific components of domestic law. In this article, with a descriptive and analytical view, the approach of criminal response policies towards the crimes of immigrants has been explored with reference to the existing laws, and in the discourse of criminal policy in the field of criminal policy, it is concluded that Iran's criminal laws regarding immigrants have a criminal-oriented and security-oriented approach. While a deep knowledge and understanding of the various aspects of the phenomenon of immigration in the field of criminalization requires the establishment of strategic laws and the determination of pathologically appropriate policies and executive policies with differential policies with regard to the personality component of criminals, the analysis of the situation of immigrants and the attitude towards its social interactions and the consequences of committing a crime while maintaining security It is the territory and protection of the boundaries of the country, which is achieved by developing comprehensive and comprehensive laws in line with human rights attitudes with appropriate responses in coordination with related organizations and institutions in dealing with the delinquency of immigrants.

Keywords

- Aghajani, Mehdi, Mirkhalili, Seyyed Mahmoud, Hajide Abadi, Ahmed. (1400). "The Pathology of Iran's Criminal Policy in the Light of the Sacrifice Ram Theory", Journal of Contemporary Legal Studies, Year 12, Number 23.
- Ayat, Alireza, Pakzad, Betoul, Alipour, Hassan, Saber, Mahmoud. (2018). "Justification of differential treatment for economic crimes: the threat of crime or the risk of the perpetrator", Criminal Law Research Quarterly, Year 8, Number 28.
- Ashrafi Kia, Mohsen, Gharaniya, Mohammad Taghi. (2017). Determining the effects of criminal responsibility of adults, adolescents and children in the light of criminological data from the perspective of criminal sociology", Journal of Sociological Studies, Year 11, Number 41.
 - Akbari, Seyyed Hamed. (1390). "The text of the constitutions of the countries of the world along with important international documents", Shiraz, Navid Shiraz Publications, first edition.
 - Ardabili, Mohammad Ali, Amir Arjamand, Ardeshir, Qari Seyed Fatemi, Seyed Mohammad, Javid, Mohammad Javad. (1386). "Iftrah: What and why citizenship rights are from the theory of law", Justice Law Journal, No. 58.
 - Bavi, Alireza, Goldost Joibari, Rajab, Gholami, Hossein. (2019). "Pathology of Iran's Criminal Policy in the Field of Economic Crimes", Private and Criminal Law Research Quarterly, No. 43.
- Parvizi, Jamshid. (2014). "European Union Migration and Asylum Policy and Human Rights Issue", Tehran, Ministry of Foreign Affairs Publishing Office.
 - Pourkohermani, Babak, Ahadi, Fatemeh. (2013). "Criminal responsibility of children in the policy of the Islamic Penal Code 2013, from excessive policy to extreme policy", Fiqh and Fundamentals of Islamic Law Quarterly, Year 7, Number 21.
- Jafari, Bahram. (2019). "Effects of criminal defamation policy against child victims with a view to the Law on Protection of Children and Adolescents approved in 2019", Children's Rights Quarterly, second year, number 6.
- Javid Mehr, Moseib Ghasemi, Massoud, and Rawai, Akbar. (1400). "Punishment based on expediency in penal punishments", Iranian Political Sociology Quarterly, Year 4, Number 3.
 - Javedzadeh, Hamidreza, Hamidzadeh Sangachin, Zohra. (2016). "The special rights of a foreign national accused in Iranian criminal law with an emphasis on some international documents", Ardabil Bar Association Magazine, No. 3 and 4.
 - Hajian, Hossein, Salehi, Abolfazl. (2016). "The relationship between the citizenship of foreigners and the citizenship rights arising from it", Quarterly Journal of Citizenship Law Studies, first year, number 4.
 - Hatami, Mehdi, Saedi, Bahman, Shahesvari, Ehsan. (2014). "The Legal Status of Aliens in Iran in the Light of the Humanization of International Law", Volume 12, Number 1.
 - Hosseini-nejad, Hale. (1388). "Complementary Jurisdiction of the International Criminal Court: The Dynamics of National Judiciary Systems in Dealing with Impunity", Journal of International Law, Year 28, Number 41.
 - Truth seeker, Chit Sazzadeh. (1400). "Life of Illegal Immigrants in Iran: Examining the Challenges and Providing a Solution", Tehran-Strategy Book, first edition.
 - Rezaei, Mohsen, Hosseinnejad, Mohammad, Sayah Al Barzi, Hedayat. (2012). "The role of regulatory and strategic approaches of criminal policy on criminals with a history in preventing recidivism in Iran", Crime Prevention Studies Quarterly, Year 8, Number 28.
- Rezaei, Gholamreza, Kamili, Mohammadreza, Roqavi, Javad. (2019). "Investigating the basics of criminalization in the light of Bentham's utilitarian approach based on Islamic penal policy", two quarterly journals of legal discourse (Al-Mustafa Al-Alia Society), 9th year, number 17.
 - Sarafraz, Farshid. (2014). "Human Rights of Immigrants in the International Law System", Tehran, Majd Publications.
- Shahbazi, Aramesh, Chehl Amiran, Amir. (2015). "Protecting Illegal Immigrants in International Law", Tehran, Shahr Danesh, first edition.
- Razmkhah, Sanaz, Pakzad, Betul, Akhr, Qudsi. (2012). "Relationship between mental health and attitude towards delinquency in teenagers and young people in camps around Tehran", Psychological Research Quarterly, No. 20.
 - Moghadam's song, Mustafa. (1383). "Review on the difference between nationality and citizenship of other similar words in Iranian, British, American and French laws", Modares Journal of Human Sciences, No. 34.
 - Sadeghi, Mohammad. (2016). Implications of the approach of Islamic law to citizenship and citizenship", Vakil Defene Journal, No. 16.
 - Alipour, Hassan. (1383). "Reality of Crime", Law and Policy Research Journal, No. 13.
 - Olomi, Ibrahim. (2018). "The Globalization of International Migrations and Languages", Politics Quarterly, Volume 49, Number 1.
 - Aqiq, Seyyed Ruhollah, Salehi, Karim, Bakhrodi, Aref. (1401). "Ignoring legislative requirements in Iran's criminal laws in the field of crimes against security", Danesh Public Law Quarterly, Year 11, Number 38.
- Odeh, Abdul Qadir. (1373). "Al-Tashri al-Jina'i al-Islami", translated by Nasser Ghorbania, Seyyed Mehdi Mansouri, Nematullah Alfat, Tehran, Hostast Publishing House, first edition.
- Aini, Mohsen, Gholami, Maysam. (2011). "Crimes of illegal entry and stay in the territory of Iran", Criminal Law Research Journal, 3rd year, 1st issue.
- Ghafari Namin, Sepideh, (2010) Immigration Laws, Tehran, Jungle Publications, second edition.
 - Gholamrezazadeh, Morteza and others. (2015). "Social crises in Iran, causes and contexts". Passive Defense and Security Scientific Quarterly, Year 5, Number 15.
 - Active, Tayyaba, Sadeghi, Mohammad Hadi. (2017). "The Nature of Crime", Journal of Legal Knowledge and Research, Volume 14, Number 7.
- Farah Bakhsh, Mojtabi. (2012). "Utilitarian criminology, a survey in the philosophy of criminal law", Tehran, Nashir Mizan.
- Qanad, Fatemeh, Akbari, Masoud. (2016). "Criminal Policy Securityism", Criminal Legal Research Quarterly, Year 5, Number 18.
- Keynia, Mehdi. (1388). "Fundamentals of Criminology", second volume, Tehran, University of Tehran, 9th edition.
 - Karmi, Daoud, Abdulahi, Manouchehr. (2015). "Prevention of juvenile delinquency with a family and school-oriented approach in Iran's criminal policy", Iranian and International Comparative Legal Research Quarterly, ninth year, number 33.
 - Kamilipour, Ali. (2014). "Collection of Laws and Regulations of Private International Law", Tehran, Jangal Publications.
- www.iomtehran.net(2015)international organization for migration,9 January.2019
- www.iom.int/international organization for migration, publications, world migration report 2020, part 1: Data and information on migration and migrants, chapter II, migration and migrants: A global overview, 19.
- www.iom.int.iom un migration,donate,our work, international organization for migration,Glossary on  migration,iml series No.34,2019,who is a migrants?
- http://isti.ir>inc>a.jax/iran migration out look/1399.