The role of the principle of proportionality in criminal law

Abstract

Today, general legal principles have become extremely important as primary sources and standards, to the extent that their role in the dynamics of modern legal systems cannot be ignored. The value and importance of these principles is particularly evident in the field of public law, especially criminal law, which is where individual rights and freedoms intersect with public authority. There is no doubt that these principles serve as a shield to protect the freedoms and rights of individuals against the power of the government. In light of these principles, a framework for the optimal design and organization of rights is provided, and based on these principles, rights can function correctly. General legal principles are a guide toward taking steps toward a brighter world and a better life. In this regard, criminal law should be based on four principles: justice, equality, proportionality, and legality to have a minimum level of effectiveness. So far, scholars have discussed the principle of proportionality as one of the principles governing penalties, meaning the correspondence between the crime and the punishment. Now, it can be considered as one of the confirmed legal principles that should be regarded beyond just the correspondence between crime and punishment. Based on this principle, criminal law should be designed and implemented in a manner that possesses the highest levels of efficiency and effectiveness. The principle of proportionality implies a logical connection and reasonable balance among the components of the system, so that no component seems incorrect or unnecessary. In the field of public law (and more importantly in criminal law), the principle of proportionality stands as one of the principles that establishes a balance between governmental authority on one hand and the rights and freedoms of individuals on the other.