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Introduction to criminal law: Criminal law importance, purposes, social rule

 

Introduction to criminal law: Criminal law importance.

Criminal law importance will continue to be a significant topic of interest to scholars and researchers in the field of law in general, criminal law in particular, and those interested in all social sciences and those in the public interest.

 

 

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Introduction to criminal law: Criminal law importance, purposes, social rule

 

Criminal law purpose and importance

 

 

The importance of criminal law is one of the renewable topics on which a lot can said.

 

 


Criminal law importance no longer confined to identifying criminal crimes from among all legal violations in society and deciding penalties for them; rather, the importance of criminal law extends to the protection of society as a whole. The importance of criminal law appears from multiple angles that can talked about in some detail as follows.

 

 

First: The importance of criminal law, in principle, is evident in protecting the provisions of the Constitution

 

 

Protecting the provisions of the Constitution is a purpose of criminal law.

 

 

The state's constitution is its supreme law and the supreme document in the country (as the founding authority of the state issues it). The constitution is the law of laws that transcends all laws, legislation, and authorities in the state and must respect.

 

 

Constitutions include a set of foundations, principles, and provisions to which everyone, without exception, must be subject within the state of law.

 

 

From this angle: Criminal law importance appears in ensuring due respect and full compliance with the provisions of the constitution within the state and in the face of all, and maintaining the formal and objective superiority of the provisions of the constitution within the general legal system.

 

 

Second: The importance of criminal law appears through the protection of the criminal law to other laws

 

 

Protecting all legal provisions in the state is a purpose of criminal law.

 

 

Various laws issued in all fields within the state and the need is clear to protect the provisions of some of these laws strongly to ensure the due respect of those addressed with their provisions.

 

Moreover, there is no doubt that the most powerful and effective legal protection in the state of law can only come through the criminal law, and using criminalization and penalization.

 

 

With the development of societies, the increasing role of the state in regulating various relations through legislation, and the widespread use of modern technical and technological means, Criminal law importance emerged through interfering in those areas (albeit with criminal penalties only) to ensure due respect for the laws regulating those areas.

 

 

Criminal law may protect rights under civil law, for example protecting property through punishment for theft, fraud, breach of trust, arson, and destruction.

 

 

Criminal law also protects rights determined by personal status laws, for example, the protection of marital rights by punishment for the crime of adultery, and it also protects rights determined by the administrative law with punishment for crimes of bribery, and embezzlement of public money, aggression, and treachery.

 

 

The meaning of the foregoing is that: Criminal law importance is evident in the fact that criminal law faces cases of lack of penalty decided by other laws, and provides them with a strong penalty that ensures respect for their provisions. As it has been rightly said that criminal law plays the role of the policeman in the rule of law.

 

 

Third: The importance of criminal law comes from the necessity of achieving justice

 

 

Achieving justice is the major purpose of criminal law.

 

There is no doubt that criminal crime - as the biggest form of lawlessness and the most notorious legal violation of all - causes a major disruption to social peace and an even greater imbalance in the balance of justice.

 

 

Therefore, the first and direct message of criminal law is (to achieve justice), to remove the traces of the crime that occurred as much as possible, and to try to compensate the victim against whom this crime was committed, that is, to erase the traces of the crime as much as possible.

 

 

Achieving justice is a primary premise to satisfy the human conscience, and it comes at the forefront of the inevitable duties that fall on the shoulders of the state of the law when the state - through the provisions of the criminal law - holds the perpetrators of criminal offenses accountable legally and systematically.

 

This ensures a general sense of justice for individuals within the state and shows Criminal law importance.

 

 

This satisfies the feelings of the victim of the crime and avoids the society the danger that the victim, his relatives, or those interested in ordering him to take revenge on themselves it will be no room at all to talk about the main principles that govern criminal justice.

 

Such as the principle of proportionality between crime and punishment, the direction of the personality of criminal punishment, or the modern purposes of criminal punishment.

 

 

Within the framework of the idea of achieving justice, the importance of criminal law comes from creating an element of “proportionality” in the social response to criminal offenses.

 

 

Taking into account, Modern criminal systems aim to achieve the greatest possible proportionality between crime and punishment.

 

 

In terms of the perpetrator of the crime: the criminals differ in the extent of their awareness, awareness, personalities, and the degree of guilt and sin inherent in each of them, and some perpetrators have become familiar with the crime and consider it a job for earning and a comfortable source of income and profit.

 

 

While other perpetrators prompted to commit crimes by compulsive necessities or unintended mistakes, as it rightly said: “There are people who should never have gone to prison, while there are others who should never leave it".

 

 

Given this difference and contrast between the characteristics and characteristics of persons, and the difference between the circumstances and circumstances of each crime.

 

The criminal legislator sets the provisions of criminalization and punishment in general and abstract to apply to everyone without discrimination.

 

The legislator does not know people by themselves and does not assume facts from his imagination. Rather, he addresses individuals with their characteristics and deals with facts on their terms according to the normal behavior of an average person.

 

The work of the criminal legislator is to try to reach the criminal texts to the greatest degree of proportionality between the crime and the penalty, but complete proportionality is impossible.

 

 

Fourth: The importance of criminal law related to the necessity of security in society

 

The purpose of criminal law is to secure the society.

 

One of the most important objectives of criminal law in modern societies is that it achieves security for individuals within the modern state, i.e.

 

Creating a general feeling among members of society of security and reassurance about themselves, their families, their money, their interests, and the various rights granted to them by the state, through criminalization and punishment of all forms of transgression against Prior interests and rights.

 

 

 

The function of criminal law in achieving security for individuals usually takes two directions.

 

First direction:

 

It is the achievement of security for individuals in the face of the state represented by the public authority.

 

Where no one can be prosecuted, nor can criminal procedures be taken against him, nor be held criminally accountable except based on a clear and specific criminal text that establishes a general criminal rule that includes the part of the assignment to the criminal rule and the penalty for violating it.

 


The first thing that comes to mind in this regard is the principle of criminal legality or the “principle of legality of crimes and penalties,” which in brief terms means: “There is no crime or punishment except by law".

 

 

Where the principle of criminal legality is the greatest guarantee of rights and freedoms within the state of law, without this principle, Public rights and freedoms threatened, as a person may find himself under the control of the state, surprising him with an unannounced crime, or surprising him with an unscheduled punishment.

 

Thus, the importance of CRIMINAL LAW demonstrated by the security of individuals in the face of public authority.

 

 

As for the second trend:

 

Criminal law achieves security for individuals in the face of the attacks that may occur from one another to another.

 

Crime is as old as man is, its existence linked to the presence of man on earth since the beginning of creation, and the delinquent nature of man is always toward sin.

 

 

Therefore; No matter how precise and perfect the criminal justice systems are, crimes will not disappear completely, because it is a universal fact linked to the same human being. No one has ever been tempted by evil thoughts or harming others.

 

However, some people can straighten themselves out and stop committing crimes, and keep the impulses of evil within them within the framework of ideas; others are already implementing their evil and sinful ideas on the ground.

 

 

As for the majority of people who can control their bad desires and delinquent inclinations, the importance of criminal law comes from the fact that it prevents individuals - through criminal penalties - from committing crimes and pressures their will to push them through criminality before they take it.

 

 

He mentioned that the criminal law achieves the so-called (general deterrence), which means: the fear of punishment in the soul, and the dread generated within the individual from being subject to criminal punishment in the event of committing a crime.

 

 

It also implements the (special deterrence) that is achieved by the offender when he is subject to the criminal penalty after committing the crime.

 

This means that the person feels the pain of the punishment and all that he exposed to when carrying out the criminal punishment on him far outweighs the benefit that he will reap from committing the crime.

 

 

And so on, the criminal law achieves special deterrence for the convict with a criminal penalty, and general deterrence for all members of society, ensuring, in the end, achieving public security for the community.