Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Territory of tolerance criminal policy

Document Type : Research Article

Authors
Mahdi Amiri 1
Dr. Saeed Ghomashi 2
1 PhD student in criminal law and criminology, Faculty of Law, Islamic Azad University, Qom branch. (Corresponding Author)
2 Associate Professor and Faculty Member, Faculty of Law, Kashan University.
Abstract
Tolerance criminal policy, which is the opposite of aggressive criminal policy or maximum criminal intervention, means increasing tolerance for anti-social behaviors and not to unnecessarily criminalize them due to the inefficiency, uselessness and cost of criminal proceedings. In this sense, those in charge of criminal policy pursue a strategy of regression in criminal law and increase their tolerance for social deviations and seek to control anti-social phenomena through non-criminal means. In order to determine which behaviors are worthy of criminal prosecution and which behaviors are within the territory of tolerance criminal policy, a practical definition of crime should be provided in which specific characteristics are defined as criteria for criminalization. Harmfulness of behavior, blameability, inefficiency of non-criminal means against that behavior and efficiency of criminal response are the criteria that define the boundary of intervention and tolerance. In this article, these criteria as well as non-criminal and tolerant methods of dealing with anti-social behaviors are analyzed in detail.
Keywords
tolerance criminal policy
criminalization
non-criminal treatment
crime
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  • Receive Date 18 September 2022
  • Revise Date 26 October 2022
  • Accept Date 28 October 2022