Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 19-36 |
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Mansourlakouraj A, Abbasi A, Ghorbani A. The consequences of incorrect criminology and ways to get out of it. MLJ 2021; 15 :19-36
URL: http://ijmedicallaw.ir/article-1-1358-en.html
URL: http://ijmedicallaw.ir/article-1-1358-en.html
1- Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
2- Department of Law, Chalous Branch, Islamic Azad University, Chalous, Iran
2- Department of Law, Chalous Branch, Islamic Azad University, Chalous, Iran
Abstract:
Background and Aim: Criminalization can be considered as a contradiction of individual and social freedoms, but it is also important to keep in mind that the absolute freedom of man and unconditional enjoyment, and the condition of freedom will not result in anything but the violation of the rights of others and the disintegration of society. Therefore, in order to maintain the order and security of the society and the rights of its individuals, restrictions must be considered in the field of behavior of the individuals of the society, and in order to protect the inevitable freedom, a part of it must be restricted.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The consequences of incorrect criminalization in a chain reaction have different consequences in the target society; Increasing the scope of criminalization reduces the social ugliness of crime. The decline in the social ugliness of crime is also directly related to the increasing incidence of crime. As the incidence of crime in society increases, so will the use of punishment. In the last stage, the effectiveness of punishments decreases. The consequences of incorrect criminalization also seem to challenge the elements of "rule of law" in practice, including transparency, legal conviction, and access to justice.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the process of correct criminalization, three important points must be considered: First, the general and fundamental principle in this regard is that no government should use criminal law to control behavior that can be effectively regulated by other disciplines. Second, the use of criminal law must be beneficial, in the sense that the benefit of using it outweighs any harm. In other words, the benefits of criminalizing the action must outweigh the costs. Third, the proportionality between crimes and punishments is a principle that failure to pay attention to can make all legislation ineffective in criminalizing the conduct of behavior to maintain order and norms in society. For punishment to have the desired effect, it suffices that the suffering resulting from it be greater than the benefit derived from the crime.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The consequences of incorrect criminalization in a chain reaction have different consequences in the target society; Increasing the scope of criminalization reduces the social ugliness of crime. The decline in the social ugliness of crime is also directly related to the increasing incidence of crime. As the incidence of crime in society increases, so will the use of punishment. In the last stage, the effectiveness of punishments decreases. The consequences of incorrect criminalization also seem to challenge the elements of "rule of law" in practice, including transparency, legal conviction, and access to justice.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the process of correct criminalization, three important points must be considered: First, the general and fundamental principle in this regard is that no government should use criminal law to control behavior that can be effectively regulated by other disciplines. Second, the use of criminal law must be beneficial, in the sense that the benefit of using it outweighs any harm. In other words, the benefits of criminalizing the action must outweigh the costs. Third, the proportionality between crimes and punishments is a principle that failure to pay attention to can make all legislation ineffective in criminalizing the conduct of behavior to maintain order and norms in society. For punishment to have the desired effect, it suffices that the suffering resulting from it be greater than the benefit derived from the crime.
Type of Study: Original Article |
Received: 2021/03/5 | Accepted: 2021/07/12
Received: 2021/03/5 | Accepted: 2021/07/12
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