عقلانية السياسة الجنائية (دراسة مقارنة)

The rationality of criminal policy (A comparative study)

The rationality of criminal policy is considered one of the most important principles of contemporary criminal policy It relates to the basic components on which the criminal law system is based in order to ensure its proper management. The rational, deliberate intervention of the state in exercising the right to criminalize and punish is one of the basic principles in directing contemporary criminal policy, as it contributes to Building a criminal system based on sound thinking that achieves the goals of contemporary criminal policy. Since the legislator has the power to criminalize and punish, he is obligated to use his mind in dealing with reality through his understanding and awareness of the phenomena that are to be addressed through the legislator adapting the tools of his mind to search for an interest worthy of criminal protection. And determining the extent of society’s need for criminal intervention to ensure the achievement of justice and respect for human rights and freedoms, while not relying on the thinking of previous legislators in dealing with reality, or the ideas of other legislators in other societies, otherwise the criminal policy will be characterized by irrationality, and what may be rational in a society may It would be irrational in another society, due to the difference in the prevailing values in these societies.
Our study addresses rationality as a guiding principle upon which contemporary criminal policy in criminal legislation is based. It contributes to drawing up a criminal policy based on respect for the rights and freedoms of individuals as a fundamental and stable value that does not change with time and place, through the thoughtful and planned selection by the criminal legislator of the interest of the area of criminal protection. This rationality also adds a human dimension to the criminal penalty. Therefore, in this research, we relied on the deductive analytical legal approach and the methods of analysis that are based on it. The study focuses primarily on analyzing the legal texts represented by the criminal law, both substantive and procedural, as well as the special criminal laws that complement it, with Adopting the comparative approach, by comparing the criminal policy adopted by the Iraqi legislator with the two legislations (Egyptian and French) in order to determine the rationality of the criminal policy in those laws or not.