Practical basics of the principle of minimality of criminal law

The principle of minimal criminal law is a fundamental concept in criminal justice that emphasizes limiting criminal intervention to essential cases. This principle is rooted in human rights and the preservation of individual freedoms, aiming to reduce the use of punitive measures for human behaviors that can be addressed through non-criminal solutions. Theoretically, it is based on moral, legal, and functional foundations. From a moral perspective, criminal intervention is justified only when necessary to protect public order and collective interests. Legally, this principle ensures the protection of fundamental rights and prevents unjustified exercise of power by governing institutions. In practical terms, the principle has a significant impact on criminal policy and justice systems. Legislators should avoid over-criminalization, focusing solely on acts that are socially harmful and intolerable. In the judicial process, judges must refrain from imposing excessive or unnecessary penalties and prioritize alternative measures such as mediation and non-custodial sanctions whenever possible. Ultimately, the principle of minimal criminal law not only reduces the costs of the justice system but also promotes social order and criminal justice by focusing on rehabilitation and prevention. It serves as an effective guide for advancing toward a more humane and efficient justice system.