A Comparative Study of Security-Oriented Criminalization in Crimes Against National Security (Case Study of Iranian and French Criminal Law)

Criminalization, as one of the important institutions of criminal law, represents the process during which a certain behavior (including the act and omission of an act) that was previously permissible and permissible, is considered a crime and is punished. In recent decades, the realm of criminalizing security crimes has undergone significant and fundamental changes. In modern criminal law (or, in other words, enemy-oriented or security-oriented criminal law), unlike classical criminal law, the perpetrator is an enemy, and the legislature and the government treat criminals on the basis of exclusion and expulsion from society. Recent legislative developments concerning security crimes in the criminal law of Iran and France show that the two countries are similar in the areas of ambiguous legislation, development on the subject, victim and offender, absolute crime and preliminary acts. And in the field of independent deputy criminology, the application of minimum restrictions in legal texts and criminology are different from mere public malice.