Rethinking problem recognition and solution; A Critical reading of the Criminal Approach to the Family and Youth Protection Act

The code of Family Protection and Youth of the Population has been passed with the aim of supporting childbearing and the implementation of policies and strategies aimed at it. For achieving this aim, both incentive and preventive policies and punitive-criminal approaches to increase and decrease the population in advance has taken. The main question about this code is why and the necessity of using criminal means to achieve this goal of the legislator. In this article, the above-mentioned code has been analyzed and expressed in an interpretive-critical method, and it has been stated that the legislator has used criminal means in this matter without considering the needs of solving social problems and without a necessary criminal model and without considering the degree of compatibility of the problem and the solution, and the main issue which is criminalized in this code is the repetition of the titles criminalized in the Islamic Penal Code, and this is contrary to the principle of necessity in criminalization and the principle of coherence and integrity of the legal system. Also, the criminalization of abortion in this law, contrary to the objectives of the Islamic Penal Code, is not due to the value of the fetus and the protection of its life, but in line with the goal of increasing and youth of the population.