Influential Contexts on the Determination of the Death Penalty in Drug-Related Crimes

Authors

    Nasim Khodakhah PhD student in Criminal Law and Criminology, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
    Mohammad Farajiha * Associate Professor, Department of Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran mohammadfarajiha@gmail.com
    Abbas Sheikholeslami Associate Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
https://doi.org/10.61838/

Keywords:

narcotics, national security, punishment, death penalty, deterrence

Abstract

Iran, sharing borders with some of the world’s largest producers of narcotics, lies on a major transit route for illicit drugs. Multiple factors have historically led certain offenders in Iran to engage in crimes involving narcotics. By examining the historical trajectory of legislation regarding the punishment of perpetrators of such crimes, it becomes evident that the Iranian legislator has maintained the view that the harsher the punishment, the more likely it is to prevent recidivism. On this basis, capital punishment has been among the penalties stipulated in criminal laws related to this domain, enacted with the aim of enhancing national security under the Anti-Narcotics Law. However, since 2017, following the adoption of the amendment adding Article 45 to the Anti-Narcotics Law, there has been no significant decrease in the issuance or enforcement of death sentences. Accordingly, the present article seeks to explore why the Iranian criminal legislative system determines capital punishment for certain convicts of drug-related crimes and the factors influencing this legislative choice. In this study, in addition to library-based sources, field data have been utilized, analyzed through a descriptive–analytical method. The findings indicate that the Iranian legislative and judicial systems continue to hold the belief that the death penalty is among the most effective deterrents against the spread of drug-related crimes.

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Published

2025-10-12

Submitted

2024-12-28

Revised

2025-03-09

Accepted

2025-03-16

Issue

Section

مقالات

How to Cite

Khodakhah, N., Farajiha, M. ., & Sheikholeslami, A. . (1404). Influential Contexts on the Determination of the Death Penalty in Drug-Related Crimes. Comparative Studies in Jurisprudence, Law, and Politics, 7(3), 1-23. https://doi.org/10.61838/

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