Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __224127 |
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jamshidi A, mohseni F, ghasemi N, davoudi H. From decriminalization to infringementlism (comparative study). دیدگاههای حقوقی 2022; 27 (97) :107-127
URL: http://jlviews2.ujsas.ac.ir/article-1-2110-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2110-en.html
1- , mohseni@afranet.com
Abstract: (789 Views)
The entry of the government into the circle of permissible behaviors and the criminalization of some of them have certain bases. The mere fact that the norm is fundamental is not a reason for criminal intervention. Because the norms are not equally important, the legislature cannot treat them all the same, because the subject matter of all prohibited behaviors is different, and the proof of this claim in the field of criminal law is the difference in the amount of punishment that the legislator considered for crimes. Of course, the fact that a behavior is outside the scope of criminal law does not necessarily mean that the behavior is permissible. "infringement" refers to the existence of some forbidden behaviors, which in the interval between crimes and permissions, has been called " infringement ". In fact, the damage caused by committing "infringement" is not enough to make these acts worthy of entering the field of "crimes". This is where "infringement" comes into play and is known as the "infringement law" as a new field in law.
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2021/11/07 | Revised: 2023/01/21 | Accepted: 2021/12/14 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2021/11/07 | Revised: 2023/01/21 | Accepted: 2021/12/14 | Published: 2022/06/18 | ePublished: 2022/06/18
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