The accepted criteria of criminalization are different in legal systems because in the process of criminalization, we are not faced with one principle and criteria, but several criteria and principles in turn play a role in the criminalization process. Therefore, in jus
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The accepted criteria of criminalization are different in legal systems because in the process of criminalization, we are not faced with one principle and criteria, but several criteria and principles in turn play a role in the criminalization process. Therefore, in justifying the criminalization of a behavior, several criteria may be considered by the legislator, such as preserving human dignity, protecting moral values, denying harm, preserving fundamental interests, establishing social order and implementing criminal justice, etc.
Dignity is not only a religious value but also as a universal human value that is deeply emphasized in religious teachings including the Qur'an and in the world arena in the first half of the twentieth century with the issuance of the Declaration. Recognized by the Universal Declaration of Human Rights.
Human dignity is the basis for the formation of two attitudes of morality and perfectionism on the basis of criminalization of legal systems. Dignity is not only a religious value but also a universal human value. In the view of morality, the violation of social values and in the view of perfectionism, in addition, the violation of moral values and damage to human personality and human character can also be criminalized, which can be done through legal requirements and guarantees of performance in politics. Criminal protection.
Human dignity is one of the pervasive values of this world, which in the process of criminalization and criminal proceedings, also prevents unnecessary interference with criminal law, and in fact, by providing criteria and criteria such as the prohibition of cruel and disproportionate punishments as well as the prohibition of double punishment, torture And the instrumental use of human beings has limited the criminal rule of governments.
In a dignity-based criminal policy, the interaction of human instinct with the rules of criminal policy is evident in all stages from the stage of criminalization to the execution of punishment and restoration of dignity.
In the present article, while explaining the concept of human dignity and explaining its limits, an attempt is made to study the perspective on criminalization of behaviors that violate dignity, its principles and documents.
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