عنوان مقاله [English]
In the different periods of the history of penal developments in Iran, the legislator has always identified depenalization Measures. However, due to policy-making, programmatic and managerial measures in the past criminal justice system, new legislative Period (From 2013 onwards), can be called the expansion period of depenalization. The period that by decarceration and de-execution, It is hoped that Legislator will implement this policy. Nevertheless, it seems that unlike the superstructure level of the conscientious and expedient legislator's face, at the infrastructure level, in general and special statutes, some of incompatibilities with depenalization policy or uncertainty about new regulations has continued and even it can be claimed that it has increased in the new era. In this article, four of these incompatibilities and Increasing penalties include the new and frequent criminalizations, anonymity in choosing a standard fatwa for depenalizied legislation, supplementary punitiveness and Also, testing- regulating legislation has been criticized and evaluated and amendments are proposed.