Characteristics of Discourses in the Process of Criminalization of Bribery in 1360s

Document Type : Research Paper

Authors

1 Professor of Criminal law and Criminology, in Shahid beheshti University, Law Faculty

2 professor of Criminal Law and Criminology, in Tarbiat Modares University, Law Faculty

3 PhD. Student of Criminal Law and Criminology, Shahid Beheshti University, Law Faculty

Abstract

Every human-related phenomenon is the result of the interaction and conflict. In the same way, the process of criminalization as a regulatory mechanism for social behavior originates from some discourses. Identification of these discourses can illustrate the status quo of this process formation. This study by detecting the characteristics of every discourse in the process of criminalization of bribery, seeks to discover the existing relationships that make up this process. Illustrating the issue, the policy-stage method based on defining the problem, providing the solutions, and making them legitimate is used and in every stage the characteristics of discourses are mentioned.The content analysis of the proceeding negotiations of the Parliament on important Acts about bribery revealed that, in considering the multidimensional nature of this phenomenon, various discourses in the process of its criminalization with diverse and specific characteristics on defining the problem and suggested solutions had been formed. In the end, these relationships and characteristics showed that the criminalization of bribery in the 1360s had been affected by the political and social discourses. Parliament representatives had largely tended to develop the scope of criminalization in this area. They also had been to identify every instance of this crime as disrupting economic system. However, limited intervention of criminal justice approach could control this view.

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References

 
Criminal law and Criminology Studies
Volume 4, Issue 2
March 2018
Pages 157-177

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