Penal Intervention in the Family Domain According to the Criminalization Basis

Abstract

Today the penal intervention in family domain is becoming common in spite of some contradictory views. The advocates believe that the government Intervention must be controlled and penalties should be used as the last resort. Penal intervention, taken from criminalization basis, not only confines citizen’s freedom but also it is contrary to the principles, so its implementation needs to be justified. In this regard, the four principles including making harm, building legal patriarchy, moralism and perfectionisicm, all which already exist in criminalization basis have been raised to justify criminalization. Although, it should be pointed that the principle called “making harm” has the most impact on family criminalization laws rather than other above principles. This paper tries to analyze the instances of Penal intervention in family domain using the descriptive and analytical method, while expressing the principles of criminalization. Hence, after an introduction to the necessity of penal intervention, the principles as well as relevant examples will be mentioned accordingly.

Keywords

• family
• principles of criminal law
• principle of making harm
• penal intervention