3- Evaluation of compliance with the principle of minimum application of criminal law in the penal code of Afghanistan - with an emphasis on administrative corruption crimes

Document Type : Specialized scientific

Authors

1 Islamic Azad University-Kabul Branch

2 Almustafa International University-Kabuk branch

10.22034/cr7.2023.100320.1022

Abstract

The purposeful Penalization model is trying to determine the territory of criminal intervention, provide the possibility of the existence of other tools and institutions of social control, and introduce its own foundations and principles.
Determining the territory of criminal law and sentencing as the most severe type of interference in the rights and freedoms of citizens faces many complications and difficulties.
Because determining the punishment is considered as the last way to fight against the abnormality, if there is any alternative to prevent the abnormality, criminalization and punishment should be avoided.
In this work, the observance of the principle of the minimum application of criminal law in the way of sentencing in the penal code of Afghanistan is evaluated from the point of view of the mentioned model with an emphasis on administrative corruption crimes, and it shows that the principle of minimum application of criminal law in 10 discourses, which includes 2 discourses of general discourses and 8 discourses of crimes and punishments (administrative corruption), has not been observed.
This work suggests that in amendment of the mentioned code, while observing the findings of this research, the principle of minimum application of criminal law should also be observed in other parts of the penal code as well.
Volume 3, Issue 5 - Serial Number 5
November 2023
Pages 77-98

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