نوع مقاله : علمی - پژوهشی
نویسنده
استادیار، گروه حقوق، دانشکده علوم انسانی، دانشگاه بوعلی سینا، همدان، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Criminalization is a rational process based on the principles, norms and economic, social, cultural and political structure that governs any society, the result of which is the prohibition of committing or omission a behavior with a criminal response. Completing this process and criminalizing a behavior involves going through various stages. As one of the philosophers of criminal law, Jonathan Schonsheck cites the three filters of principles, presumptions, and practical consequences of criminality as obstacles to criminal lawmakers. Accordingly, the present study is in the position of evaluating the criminalization of begging in the light of "Schonsheck" view; Behavior that is considered a crime under Article 712 of the 1996 Islamic Penal Code.
The findings of this study indicate that the legislator's decision to criminalize begging has no strong theoretical underpinnings and that none of the principles of criminalization (eg, the principle of harm, paternalism, moralism and perfectionism) can justify the prohibition of such behavior. In addition, its sanction violates governments' human rights obligations to ensure minimum welfare. Begging is an example of an imported crime that has entered the arsenal of criminal law by simply imitating the laws of some countries and without considering the realities of Iranian society. In this regard, it is suggested that 1) this behavior should be considered a crime only if it is accompanied by the exploitation of children and adolescents, and 2) the legislator while decriminalizing begging, should include this behavior in the realm of social policy and not criminal.
کلیدواژهها [English]
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