The Capacities of Participatory Criminal Policy in Addressing Public Protests in Iran: A Transition from Penal Control to Dialogue-Based Management

Abstract

The present study aims to elucidate the capacities of participatory criminal policy for addressing public protests in Iran in a proportionate, lawful, and low-conflict manner. The central research question is the extent to which participatory criminal policy can facilitate a transition from a punitive and control-oriented model of response to a dialogue-based model for managing protests. Employing a descriptive-analytical method and drawing on legal documents, library-based sources, and relevant theoretical literature, the study examines these capacities at three levels: legal, institutional, and social. The findings indicate that peaceful protest, within the framework of constitutional rights, should not be regarded merely as a matter of law enforcement or national security; rather, it may constitute one of the mechanisms through which citizens participate in the public sphere and convey social demands to formal decision-making structures. From this perspective, participatory criminal policy, by mobilizing the capacities of civil society, professional and occupational associations, the media, political parties, academics, non-governmental organizations, and other intermediary institutions, can contribute to conflict mitigation, the early identification of sources of public discontent, social mediation, and the prevention of the excessive criminalization of protests. Nevertheless, the implementation of this model in Iran requires the resolution of legislative ambiguities concerning public assemblies and demonstrations, effective guarantees of due process and fair trial, a clear distinction between peaceful protest and criminal conduct, coordination among responsible institutions, appropriate training for law enforcement personnel, and the establishment of a legally secure environment for the activities of civil society organizations. Within this framework, Article 27 of the Constitution of the Islamic Republic of Iran can serve as an important legal basis for reinterpreting and reinforcing the right to hold peaceful assemblies and demonstrations.