نوع مقاله : مقاله پژوهشی
نویسندگان
1 ارشد حقوق کیفری شهید بهشتی
2 عضو هیت علمی دانشگاه شهید بهشتی تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Despite its fundamental importance in the philosophy of criminal law, the harm principle has received less attention compared to the offense principle and has not been comprehensively examined in domestic and international legal literature. This article aims to clarify the concept and position of the offense principle as a basis for criminalization by analyzing and critiquing the theories of scholars such as Feinberg, von Hirsch, Simester, and others. Furthermore, through a comparative approach and analysis of legal examples, the role of this principle within Iran’s criminal justice system is evaluated, exploring both the potential and the limitations of its application in the country’s criminal policy. The findings indicate that, due to theoretical neglect and multiple limitations, the offense principle has often been marginalized in Iran and is rarely recognized as an independent foundation for criminalization. However, the analysis of legal provisions reveals that there are theoretical and practical grounds for expanding its use within the Iranian criminal justice framework. In conclusion, the study offers recommendations for reforming criminal law and policy based on the offense principle to better prevent harmful and disruptive behaviors.
کلیدواژهها [English]
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