Criminal Philosophy and Its Impact on Criminalization - A Comparative Study

Maktoob, Saleh Sharif

doi:10.63677/jqlap.2025.187063

Criminal Philosophy and Its Impact on Criminalization - A Comparative Study

https://doi.org/10.63677/jqlap.2025.187063

Volume 16, Issue: 1 part 2 - Serial Number 1
Spring 2025

Pages 423-458

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Saleh Sharif Maktoob

Al-Muthanna University, College of Law / Al-Muthanna Governorate

Abstract

Criminal philosophy has traditionally been about truth and existence, goodness and absolute justice, and the ultimate goal of the criminal justice system is to hold offenders accountable for their actions and ensure the safety and well-being of society. It is therefore important to achieve a balance between the pursuit of justice and the protection of individual rights, and this requires careful consideration of the evidence, the seriousness of the crime, and its potential impact on society. The role of criminal law in society is multifaceted, and includes maintaining order, deterring criminal behavior, and achieving justice. Criminal law provides a framework that enhances safety, protects individuals, and holds perpetrators accountable for their actions. It is necessary to follow a balanced approach that combines punishment, deterrence and rehabilitation for the sake of a just and orderly society. The changing role of penal institutions is based on the idea of rehabilitating those serving prison sentences, reintegrating them into society and enabling them to work.

Keywords

criminal philosophy

criminalization

criminal responsibility