Transformation of criminal law in the balance of tradition and modernity; With emphasis on Iranian criminal law

Tradition and modernity are two forms of totalitarianism whose opposition has shaped the evolution of the system of action and reaction. Tradition, represented by hereditary affiliations and, ultimately, Shari'a, on the one hand, and modernity, which is supported by concepts such as humanism, rationalism, freedom, etc., on the other hand, has not protected criminal law as a social phenomenon from these developments. The circle of these developments in Iranian criminal law is moving around a wider axis. However, the influence of modernity has reached the point where the multiplicity of secondary sentences is supposed to be taken out of the state of exception and replaced by the original. However, prohibited acts, which sometimes resulted in severe punishments such as the death penalty, were seemingly unchanged in their original form and were supported by a strong background. This is the effect that has taken over the contraction and expansion of the judiciary and law enforcement. The present article answers the question why traditional criminal law is different from modern criminal law and which type is superior to the other? Using a descriptive-analytical method, it was found that the choice of collective conscience plays a central role in criminal tendencies, regardless of whether it is rational or not.