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This document addresses problems and questions that arise about realism or idealism in the context of the criminal policy of the double legislature in Iran, with the aim of revealing the available skills and capacities of the laws that govern the matter. Has the Iranian lawmaker followed an idealistic criminal policy? Is realism what is necessary for a dimensional criminal policy in Iran's criminal laws? What is the solution to the transition from religious idealism to a realist perspective preserving the status quo? What is certain is that, when examining existing criminal law, criminal policy based on religious idealism and dimensional realism can be seen in terms of criminological data; from the oldest data in criminal law to the latest criminal paradigms. Methodologically, documentary research technique and legal hermeneutics were used. It is concluded that traditional theologically based laws and sharia-based oversight bodies need a new dynamism and a new ijtihad. In this study, the dimensions of the subject and the form of transcendence from idealism to realism are given while preserving religious values.

For a criminal policy, in the broadest sense, to be successful and compatible with a realistic view of the criminal phenomenon in the field of pragmatism judgment and to achieve its objectives, it needs a background which, in its absence, not only laws based on realistic criminal policy fail, but their application in such a situation will cause a double damage to society: legal and moral. Apply methods of social prevention in the economic and cultural dimension, observing the principle of minimum criminal law, the mandatory anticipation of the presentation of a personality profile in all crimes committed and finally, the establishment of a care administration to comply with the implementation of realistic laws in the best possible way. It is concluded that this path that combines criminal policy and pragmatic legal realism is one of the desired areas in question in the field of criminal investigation in Iran. This research, which is conducted using the content analysis method, identifies the background for the implementation and enforcement of a realistic legislative criminal policy in Iran to remove obstacles to this advanced scientific knowledge.