The Standards of Criminalization

Document Type : Technical-Scientific

Authors

1 Associate Professor at Law and Political Faculty of Tehran University

2 Ph.D Student of Criminal Law and Criminology at Tehran University

3 M.A in Criminal Law and Criminology at Farabi Campus of Tehran University

Abstract

Criminal law in a society is a symbol of the power of the state, which should walk in line with power, liberty and law. The government inorder to prevent misuse of liberty needs power. The law and the power withut power are equal to chaos. The law and power without freedom is equalent to tyranny and the power free from law and freedom is barbarism. Often the most formal means by which any government can protect the lives and properties of the people and establish levels of desirable social order, homogeneity and security, is the criminal law and its affiliated institutions. In fact, the government is allowed to ciminalize some conducts in order to maintain the social order. Criminalization is a process by which the legislator considers some conducts as crimes for protecting social values and public order or other aspects through the adoption of applicable laws. In the criminalization, there are three primary principles need to be taken into account: legality, necissity and equality before the law. The standards for criminalization of a conduct for it is in contravention with the sense of justice and beyond the legal framework is to take into account the balance between the instruments required and the outcomes, the balance between the cost and benefit of the criminalization, the effect of such criminalization, and the last is the ability of the judicial system to enforce the law on the criminalized act.

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History

  • Receive Date: 18 March 2017
  • Revise Date: 20 May 2017
  • Accept Date: 25 May 2017

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