Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Comparative Study of Criminalization of Crimes Against Security in English and Iranian Law (A Consideration of Principles and Approaches)

Document Type : scientific research paper

Authors
Mohammad Reza Shaeri 1
Ahmad Hajideh Abadi 2
1 PhD student in Criminal Law and Criminology, Aras Campus, University of Tehran. Tehran, Iran
2 Professor, Department of Criminal Law and Criminology, University of Tehran, Farabi College of Qom, Qom, Iran
10.22034/law.2024.2046804.1572
Abstract
Crimes against security are considered one of the most important crimes in the criminal law of states. Every criminal justice system strives to defend itself and its citizens from any aggression by criminalizing behaviors against public safety and by adopting a maximum-case approach, sometimes tending toward maximalism, in lawmaking. This requires codification of scientific and up-to-date laws on crimes against security, laws that are formulated in accordance with the basic principles of criminal law and without conflict of interest between the state and its citizens. Otherwise, failure in combating against this category of crimes will be inevitable. The present study, which was conducted using a descriptive-analytical method and aimed at clarifying the principles and approaches effective in criminalization of crimes against security in English law, concludes that the legal principles effective in criminalization include: welfare, harm, expediency, and perfectionism. Moreover, this research shows that in English law, a dignity-based approach prevails in the criminalization of crimes against security. In contrast, in Iranian law, compared to the principles of criminalization in English law, only the principles of welfare and harm are considered as the main criteria for criminalizing crimes against security, and components such as criminalizing criminal thought, criminalizing preliminary actions, legislative ambiguity, and new criminalizations indicate a control-oriented approach in criminalizing crimes against security.
Keywords
Principle of legal perfectionism
criminalization
crimes against security
English law
control-oriented approach

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