For criminal law policy

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Edisher Phutkaradze


Legal development is important for ensuring the coexistence and legal relationship between the state and the citizen.

Every field of law has its function. But still the function of criminal law is special. The criminal policy ran by the state clearly shows what type it is – democratic or totalitarian.

Unlike other fields of law, it is superfluous to discuss the most repressive of criminal law. Nevertheless, by pursuing a liberal criminal policy in a democracy, criminal law can serve to protect human rights. The opposite happens in a totalitarian state, where authoritarian, repressive criminal policies can be a means of violation of human rights.

Therefore, depending on the nature of criminal policy, it serves either the protection of human rights and is its constitutional-legal guarantor or, conversely, an effective means of violation and influencing it.

Hence, criminal policy is of great practical importance in terms of human rights protection as well.

Criminal policy cannot be isolated from the general situation in the state. All the important factors in the state have impact on criminal policy.

Circumstances such as: criminalization and decriminalization; Qualification of an action as a crime (legislative, judicial, scientific); Legislative formulation of a sentence and the issue of its imposition; The issue of application of international conventions in national criminal law; The impact of criminal law of foreign states on national criminal law; The impact of science; The legal development of citizens; The economic situation in the state; The moral culture of citizens, etc. have important impact on criminal policy.

The role of each of them as well as other circumstances in criminal policy is undeniable.

It can be said that the state has exactly appropriate criminal policy as the impacting factors work on them. Among other criteria, criminal policy of the state is indeed a feature of its legal development.

Criminal Justice Policy, Criminalization, Decriminalization, Protection of Human Rights
Published: Aug 8, 2021

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Law Sciences