Document Type : Original Article
Authors
1
Assistant Professor, Department of Law, Nowshahr Branch, Islamic Azad University, Nowshahr, Iran
2
Assistant Professor, Private Law, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran.
10.22034/jhsrj.2025.2053835.1007
Abstract
Background and Aim: Criminalization is one of the important issues in criminal law, which is the arena of confrontation between collective and public interest on the one hand and individual and social rights and freedoms on the other. Considering the impact and consequences of criminalization on individual rights and freedoms and at the same time, public interest, it is necessary to explain and analyze the approach of jurisprudence and the international human rights system
Materials and Methods: This research is descriptive-analytical and compiled from library sources.
Ethical Considerations: In writing the article, the originality of the texts, honesty, and trustworthiness have been observed.
Findings. In jurisprudence, while paying attention to individual and social rights and freedoms, more attention is paid to the public interest, and individual and social rights and freedoms are explained and analyzed in order to realize the public interest. In fact, the interest includes religion, life, reason, honor, lineage, and property of the people, which can be realized in the shadow of a greater interest called the government.
Conclusion: In criminalization, individual freedoms have preference and priority over rights. In the international human rights system, however, the emphasis is on minimal criminal interventionism and observance of individual and social rights and freedoms. Of course, there are limitations such as public security and health for individual rights and freedoms in criminalization, but these limitations are minimal.
Keywords