Causes of Judicial and Legal Criminal Policy Disagreement in Drug-Related Offenses from the Legal-Ethical Approach

Background: The legislative review of the criminal record on the crime of repetition and the severity of the punishment for repeated offenders indicates that the legislator firstly used various laws to include repetition of crime, and in some cases such as drug offenses and for criminal reasons. It has taken into account a certain degree of exacerbation that is markedly different from what is stated in the rules on repeat offenses in Islamic Penal Code. To this end, this article aims to investigate the causes of non-alignment of judicial and legal criminal policy in drug related crimes. Conclusion: The most important causes of non-compliance with judicial and legal criminal policy in drug-related crimes can be some of the most unethical and unjust cases, such as imposing severe penalties, especially in the context of the death penalty, inappropriate crime, lack of independence of the judge. Legislative justification for non-compliance with the principles of fair punishment, effectiveness of the judiciary from public opinion, and weaknesses in the means indicated that removing any of these factors can pose significant problems in drug criminal policy. Which eliminates the conflict of legislative criminal policy with judicial criminal policy and thus It has established the state and if it does not take care of these causes, the fight against crime will be disrupted and it will go further than the ethical and justified path it pursues.