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Criminal law purpose, importance, and criminal law social role


The importance of criminal law will continue to be a major topi 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



Criminal law purpose, importance, and criminal law social role

Criminal law purpose, importance, and criminal law social role



:criminal law purpose and importance



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



The importance of criminal law is 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 be talked about in some detail as follows



First: The importance of the 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 constitution of the state is its supreme law and the supreme document in the country (as it is issued by the founding authority of the state). The constitution is the law of laws that transcends all laws, legislation, and authorities in the state and must be respected



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: the importance of the criminal law 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 the 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 are 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, and 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, the importance of criminal law 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



The 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: The importance of the criminal law is evident in the fact that the 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 the 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 the importance of criminal law



This satisfies the feelings of the victim in the crime and avoids the society the danger that the victim, his relatives, or those interested in ordering him to take revenge on themselves



There 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 principle 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 were prompted to commit crimes by compulsive necessities or unintended mistakes, as it has been 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 the normal 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 is 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 their 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 are 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 is demonstrated by the security of individuals in the face of public authority



As for the second trend


It is to achieve security for individuals in the face of the attacks that may occur from one another to each other. Crime is as old as man, and its existence is linked to the existence of man on earth since the beginning of creation, and the delinquent nature of man is always towards 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, But 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 that is 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, which means that the person feels the pain of the punishment and all that he is 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



#criminallaw #criminal_law #penal_law 


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