Rational criminalization | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1007-1035 PDF (1023.65 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143920.1095 | ||
| Authors | ||
| Hanaa Abdel Aziz Jabr* 1; Kazem Abdullah Hussein Al-Shammari2 | ||
| 1College of Law, University of Baghdad | ||
| 2University of Baghdad / College of Law | ||
| Abstract | ||
| Criminalization is the ultimate legal practice depending on the nature of the penalties resulting from this process. Therefore, this tool should only be used where other legal or illegal means are not equally effective, as rationalizing the use of the criminal tool is the essence of rational criminalization. The general framework for rational criminalization is an ethical framework, but this framework requires steps and tools to bring it down to reality. Or a work plan so that the theoretical matches what is practical. Rational criminalization is based on a set of premises that are in themselves a set of means and tools to achieve or accomplish the necessary amount of rational content of the incriminating text, to prevent uncontrolled and random use of means. In light of the expanding trend of the criminalization phenomenon, the legislator uses the criminalization tool to confront many new behavioral patterns, new societal values such as intellectual property, and regulatory criminalization such as Traffic Law No. (8) of 2019, Foreigners’ Residence Law No. (76) of 2017, and National Card Law No. (3). ) for the year 2016, in addition to economic crimes such as money laundering | ||
| Keywords | ||
| criminalization; ،maturity; ؛; ،balance | ||
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