Hosein Mir Mohammad Sadeghi; zeynab laki
Abstract
More behaviors are entering criminal responsibility by approval the law on new offenses. In some forms of criminalization and penalization, the use of various types of criminal referral techniques in identifying the crime, determining punishment, and defining the label and title of criminal, citizens ...
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More behaviors are entering criminal responsibility by approval the law on new offenses. In some forms of criminalization and penalization, the use of various types of criminal referral techniques in identifying the crime, determining punishment, and defining the label and title of criminal, citizens and activists of the judicial system are referred to multiple criminal or non-judicial texts. Awareness to people about how to behave and coexist peacefully are legislative goals that will be undermined by the use of criminal labelling without observing the rules, principles and requirements of the legislation. The fair labeling principle is one of the fundamental principles of criminal intervention, which should always be considered by legislators in the process of constitution in order to determine the title and description of the legislator, in order to transferring the functions of the criminal label and the message of the criminal policy makers in a proportionate and realistic way to contacts. In the present study, in addition to the review of criminal referral conceptual scope as one of the most widely used methods in the process of legislation, this technique is evaluated and analyzed in the light of the fair labeling principle.
