Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Juridical and Legal Study on the Effect of Public Law on Criminalization with an Emphasis on Expediency and Public Order

Document Type : Original Article

Authors
1 M.A of Public Law Student, Faculty of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Public Law, Faculty of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2023.395917.1253
Abstract
The relationship between public law and criminalization is one of the important issues that has not been given much attention and investigation. The most important issue in this regard is public interests on the one hand and individual freedoms on the other hand, as a result of which the element of expediency and public order prevails, these freedoms may be limited. This has made it necessary to examine the impact of public law on criminalization with an emphasis on public welfare and order. The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The results indicate that from a jurisprudential point of view, the components of public law such as expediency and public order, public security, human dignity and non-harm to the society are important bases of criminalization. From the point of view of the subject law, non-harm and necessity and social benefit, along with public order and security, are the most important bases of criminalization. What is important is that there should be a balance between public rights and individual freedoms and the scope of public order and expediency should not be defined so widely that individual rights and freedoms are limited and ignored. Although the legislator does not have the ability to deal with decision-making institutions regarding the rights, it is correct to reduce this influence as much as possible in the field of criminal law and to use criminalization only in the case of threats to individual or community rights. This should also be done with clear and explicit rules.
Keywords

Volume 4, Issue 1
Winter 2024
Pages 109-120

  • Receive Date 29 July 2023
  • Revise Date 14 September 2023
  • Accept Date 05 November 2023
  • Publish Date 20 March 2024