نوع مقاله : علمی - پژوهشی
عنوان مقاله English
نویسندگان English
In the criminal policy of Afghanistan, the most common method for responding to crime has been recourse to penal mechanisms. However, in the last two decades, the criminal justice system has pursued the most appropriate methods to confront crime and has taken significant steps in this regard. The system of responding to crime in Afghanistan can be considered divergent in its legislative and judicial dimensions. In the first dimension, legislators have endeavored in the process of legislating responses to crime, particularly non-penal responses, to consider not only religious doctrines but also scientific data from criminology, criminal sociology, and criminal psychology. This is well reflected in the Penal Code enacted in 2017. Nevertheless, in the judicial and executive dimension, judges and prosecutors continue to place greater emphasis on traditional jurisprudential (fiqhi) doctrines and classical criminal law, exercising their discretion based thereon. This may give rise to a lack of conformity between legislative and judicial responses, the inefficacy of criminal policy, and the undesirability of this type of response. This article seeks to provide a scientific exposition of the subject and, employing a descriptive-analytical method, proposes optimal strategies for implementing non-penal responses. A criminological examination of non-penal responses in Afghanistan's criminal justice system reveals that the novelty of non-penal responses, the lack of their cultural-localization, the absence of necessary judicial sophistication, and a populist approach to responses have led to inefficacy and a lack of coordination in response at the legislative and judicial stages. Consequently, the proposed strategies for improving the situation include the cultural-localization of responses, their transformation and evaluation, and adherence to the principle of judicial meritocracy.
کلیدواژهها English
