Faculty of Law, Dhi Qar University The changing nature of necessity and proportionality in the policy of criminalization A comparative study

Abstract

  The criminal law is based on balancing the protection of rights and freedoms on the one hand and the protection of the public interest on the other, to the most important determinants of necessity and proportionality in criminalization. If the legislator enters into a criminalization of conduct without the need to justify such interference, The criterion of necessity and proportionality in criminalization is based on a constitutional basis, and this basis is sometimes explicit and sometimes implicit. The social necessity that legislates to criminalize the behavior of individuals and the proportionality associated with them is a developed idea Values and interests In the sense that these values and interests that determine the necessity of criminalization are relative in terms of time and place, the development of circumstances may lead to the development of those values and interests so that the attack on them becomes harmful or dangerous to them, Consequently, the legislator intervenes by necessity to criminalize such conduct, and vice versa. Such development may lead to the absence of necessity in criminalizing the conduct of individuals.