چکیده:
Ensuring public order and security and establishing lasting stability in political governance is a prioritized and important benefit that has preoccupied lawmakers in recent decades in line with expanding guarantees in all stages of proceedings and also avoiding maximum criminalization. Recent legislative developments regarding crimes against security in French criminal law show to what extent the areas of criminalization and prosecution of these crimes have remained away from the strategy of retreat of criminal law and the policy of expanding procedural guarantees. This article explains the manifestations of French criminal law that can gradually remind us of the formation of a security-oriented criminal policy in the law of this country.
خلاصه ماشینی:
Manifestations of the Emergence of Security-Oriented Criminal Law in France Seyed Mahmoud Majidi* Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Damghan (Date of Receipt: 1402/02/04 - Date of Approval: 1402/05/41) Abstract: Ensuring public order and security and establishing lasting stability in political governance is a priority and important interest that has preoccupied legislators in recent decades in pursuit of expanding guarantees in all stages of proceedings and also avoiding maximum criminalization.
Despite the aforementioned components, the type and method of criminalization, the manner of regulating procedural rules, and the quality of prioritizing the selection of repressive or lenient criminal responses regarding crimes against security have generally differed from the fundamental developments governing criminal law in recent decades.
With this approach, the special attention of legislators to perpetrators of security crimes, in addition to providing the ground for creating a kind of differential procedural law in relation to them, has also expanded cases of deviation from some important and fundamental principles of criminal procedure.
” 2 The subject of attempted attack – which was limited to the cases mentioned in Article 68 – has been changed in the French Criminal Code of 1991 (Art. 1-214) to the commission of any violent act that is dangerous to the institutions of the Republic or the territorial integrity of the country.
This law provided the ground for a transformation of nearly 300 articles of the Code of Criminal Procedure and, in order to better ensure some important legal principles such as the presumption of innocence, created changes in the direction of expanding guarantees at various stages of the proceedings.
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