Document Type : Research/Original/Regular Article
Authors
1 Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran
Abstract
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.
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