Justification of Criminal Intervention; Principles and Necessities

One of the most prominent issues in criminal philosophy is “Justification of Criminal Intervention” which is done by the State, in the individual rights and autonomy. This phrase is often used by scholars and critics without any clear-cut definition. In studying of criminal intervention from two points of view: moral and political philosophy, the prominent matters such as criminal intervention legitimacy, being wrong or right, State’s right to intervene and so on are considered as the justification. Alongside the moral justification– which is based on violated values by wrongdoer– “social justification” addresses its reflection and the rate of social acceptance. In Institutional Bureaucracy justification, the quality of political institutes organization, roles which must be embedded in and power that must conferred to these institutes are examined. Although even in the most liberal criminal justice systems, criminal intervention is done on the base of the different and occasionally contrary justifications, internal power of State – which is incarnated in system of criminal justice– must not be used in lack of a cognitive justification just thanks to its ability in imposing the injustice Keyword