نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Excessive criminalization, which refers to the criminalization of behaviors that should basically be legally permissible from a penal perspective, is a phenomenon that undermines public trust in the criminal justice system and increases law evasion. This research, which is of a fundamental theoretical type and descriptive and analytical in terms of method, seeks to analyze the reasons for the increase in law evasion in a situation of excessive criminalization. The findings indicate that the most important reasons are: first, undue interference in citizens' privacy and the imposition of restrictions on legitimate freedoms, which leads to resistance against obedience to the law; second, the criminogenic effect of over-punishments due to their lack of deterrent power, which strengthens the motivation to commit crimes; third, the saturation of the criminal justice system's capacity, which reduces its ability to deal with serious and dangerous offenses; fourth, excessive criminal protection of values, which turns some values into anti-values and desensitizes society; and fifth, the pretense of legalism, which results from the erosion in the moral authority of the law. In conclusion, excessive criminalization, by undermining the legitimacy of criminal law in the eyes of the people and creating numerous grounds for resistance against it, not only normalizes law evasion but also endangers the foundations of public order and the effectiveness of the criminal justice system.
کلیدواژهها English