نوع مقاله : مقاله علمی
نویسندگان
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه فردوسی مشهد
2 دانشجوی دکتری حقوق کیفری و جرمشناسی دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
There is no doubt that the field of criminalization and adjudication of crimes against security creates conditions that inevitably lead to significant conflicts between the priorities of the governing authority and the rights and freedoms of citizens. In this tension between preserving fundamental freedoms and maintaining public order and security, there are compelling arguments for the necessity of criminalizing and addressing behaviors that disrupt public security and welfare.
Despite accepting criminal interventions in this area, adherence to the general principles of criminal law—which should be given special and appropriate consideration by legislators and the criminal justice system—remains questionable. The findings of this study indicate a general lack of compliance with these essential and practical principles during the stages of criminalization and punishment. For example, ambiguity in legal definitions in this field and the corresponding tendency toward over-criminalization violate the principles of legality of crimes and punishments and the minimalism of criminal law. Additionally, presuming guilt and the harsh treatment of offenders by courts clearly undermine the presumption of innocence and the proportionality between crime and punishment.
Accordingly, it is recommended that legislators give much greater attention to the general principles of criminal law when criminalizing behaviors or establishing judicial institutions.
کلیدواژهها [English]
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