Criminal Law Is the Last Resort

This article studies the content of the principle of “Criminal law is the last resort” as well as its foundations and argumentations. According to the principle, criminal sanctions should be chosen only in cases where other ways and legal sanctions don’t work. The article refers to some critics raised against the principle. But according to the author, these critics often address efficiency of the principle as preventing over criminalization and not the core content of the principle and its authenticity. The article finally studies the principle from an Islamic perspective. According to some foundations and concepts in Islamic teachings the article concludes that the principle is, generally, compatible with Islamic teachings.