Penal Crime Prevention in the Light of Minimalism; Effects and Challenges

The principle of criminal minimalism is one of the most fundamental principles in the field of criminal law, according to which the use of criminal law in dealing with anomalies should be reduced as much as possible. This principle is one of the most important features of criminal prevention. Due to the harmful consequences of the implementation of criminal prevention methods, its minimal use has been emphasized in various international documents as well as in the light of criminological findings and Islamic teachings. The purpose of this study is to investigate the principles, effects and challenges of this principle in the field of criminal prevention.

This research was conducted using descriptive-analytical method and by referring to library sources and collecting information by studying books, articles, related dissertations and reviewing international documents, laws, unanimous opinions, judicial instructions and advisory theories.

In the light of this study, it was found that the principle of minimalism, which has strong foundations, has been considered as a fundamental principle by the legislator and the legislator's attention and tendency towards criminal minimalism can be seen in the light of some laws by identifying arrogant institutions. However, in many cases, the legislature, contrary to this principle, has taken steps to strengthen the use of criminal law through criminalization and punishment.

Irregular development of criminal law and the priority of criminal prevention over non-criminal can lead to significant losses such as heavy costs, elimination of the ugliness of crime and punishment, labeling, increased association with criminals and exclusion of offenders from life in society.