نوع مقاله : علمی - پژوهشی
عنوان مقاله English
نویسندگان English
Cultural criminology; as a new approach, has its roots in the critical criminology movement that has been around since the 1990s and has opened new horizons for better analysis and understanding of the criminal phenomenon. Based on the teachings of this criminology, crime is a constructed concept and is born of the cultural, social, economic, etc. conditions of societies, which is born in the form of a concept called criminalization. The criminal is also a product of these conditions, and if he received better cultural and social services, he would not be labeled a criminal. One of the concepts that is more prominent in the teachings of cultural criminology is the concept of cultural defense, by which the accused can refer to his cultural and subcultural norms in the criminal process and for exemption from punishment. Accordingly, the necessity of referring to cultural norms in the criminal process must also be justifiable. This research, using a descriptive-analytical and documentary method; Within the framework of cultural criminology, it seeks to examine the paradigms justifying the necessity of citing cultural norms in the criminal process. In other words, it seeks to answer the fundamental question of which theoretical frameworks can justify the necessity of citing cultural norms in the criminal process? Based on the findings, citing cultural norms is possible both in the penal sector and within the limits of possibility, and is also justifiable from a sociological, criminological, and criminal law perspective.
کلیدواژهها English