Expediency-based criminal intervention in the criminalization of transnational crimes
The criminal intervention of the government in individual rights and freedoms in the form of criminalization of certain actions and behaviors is associated with, of course, is very controversial. This criminal intervention is based on various principles, including expediency. Based on this, the question arises whether criminalization has been done in the Iranian penal system on the basis of expediency? Also, how can the application of this rule in the criminalization of transnational crimes be justified?
This article is written analytically-descriptively
In the realm of criminal law, the principle is based on the freedom of individuals in society and criminalization and restriction of the freedom of individuals is an exception and needs a reason. In this regard, the powers of legislators in the field of criminalization of various behaviors are not unlimited and without any reason, the freedom of individuals can not be violated.
In the Constitution of the Islamic Republic of Iran, the principle of expediency is accepted as one of the principles restricting freedom, and in this system there is the possibility of criminalization or criminal intervention of the government based on the principle of expediency. But its rules and criteria are not clear. Sovereignty is definable. The application of this principle in the form of transnational crimes is justified on the basis of the protection of national interests.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.