The Institutions Qualified to Legislative Initiative in Criminalization and Penalization

In our legal system in addition to the judiciary, members of parliament and government are qualified to legislative initiative including Criminalization and Penalization. It is obvious that when several institutions have Similar qualification, implementation of qualification should be in such a way that there is no interference. The most important action to solve this problem is to move in a predetermined direction. But in our legal system, this direction is not foreseen and the existing tools are ineffective.This article, by explaining the current situation regarding the institutions qualified to legislative initiative in criminalization and penalization, the solution to achieving coherence in the application of the competence of the three powers in the legislative initiative, in addition to the need to accept the competence of the legislative initiative of the parliament members and the government in the aforementioned area, presenting the authority of this initiative to the authority judiciary and entering it into the legislative process; because the judiciary has the appropriate tools for efficient legislation regarding criminalization and penalization.