The Pattern of Differential Criminal Policy in Family Criminal Affairs by the Removal of the Jurisdiction of the Prosecutor's Office

The approach of the Islamic Republic of Iran's constitution and general policies to establishing a family legal system emerges from the religion of Islam, is in accordance with society's conditions, and is based on improving and strengthening the foundation of family. This descriptive-analytical research aimed to analyze the current criminal policy in family criminal affairs with an emphasis on the structure of criminal justice system, which is in conformity with these values, realities, and conditions. The results showed that there is a big meaningful gap between the current situations of the structure of our country's criminal justice institutions in the realm of family and Sharia, our country's constitution, general policies, and managerial-criminological approaches, because of, on the one hand, formulating punitive and security-centered strategies, and the other hand, determining multiple authorities to handle the family claims and disputes, and the increasing growth of these structures. In practice, not only do these separate structures not have the necessary efficiency for achieving the specific and differential goals predicted in those policies, but also those provide the requirements of the collapse of family by the inverse efficiency. Therefore, regarding the specific conditions, requirements, and goals, it is necessary to design and formulate a differential criminal policy for the realm of family. In this differential criminal policy, this research suggests deleting the current separate structures, along with prioritizing the formation, improvement, and strength of family, and the current family court in our country's judicial system, with a unique centralized position, applies this differential criminal policy in a comprehensive manner to all different family issues and dimensions.