The principle of damage, the price point of criminal policy in the confrontation between criminalization and decriminalization with a look at Interpol's policies
the history of criminal law, criminalization and the determination the limits of criminal responsibility have been foreseen as basic right for governments.it must be acknowledged that failure to observe the basic principles (principle of damages) to exercise this right will result in restrictions the freedom of individuals and criminal inflation.From this point of view,the channel of the basic principles of justification of criminalization as well as the principle of freedom of individuals creates certain duty for the governments that they will not have the right to criminalize regardless of these principles;On the other hand, non-observance of these cases,due the failure of the penal system,burdens the government with the task of decriminalizing the behavior,and the government should always try provide compensation to the victims rather than criminalization.Therefore,in this article,we examine the principle of damage the confrontation between criminalization and decriminalization,and the meantime,we examine the consequences of these cases the realization of Interpol's upcoming policy and strategy regarding crime prevention.
article is written with analytical-descriptive way.
According to the principle of criminal economy,the application the principle of damage will bring restrictions on criminalization and decriminalization of crimes without damage and providing other alternatives;Even if the crime is committed,restorative justice system will play effective role decriminalization.Because the purpose the intervention the victim in the criminal process is more than the punishment of the criminal,to compensate for the damage.Also,the framework of the statute of Interpol in order to prevent the occurrence of crime,it is possible to use the results of criminological theories such as labeling theory,even if in a minimal way,to carry out complete and incomplete decriminalization and non-criminal responses such as replaced compensation in order to prevent secondary deviation and realize non-criminal prevention And also,by implementing the recommendations of international conventions for criminalization,she implemented the view of criminal prevention
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