Criminal protection of national unity: A philosophical reading of the criminalization of acts that undermine social peace.

Abstract

Acts that undermine social peace are among the most serious violations of the principle of freedom, a fundamental principle enshrined in constitutions and national legislation. This principle guarantees freedom of thought, belief, opinion, and expression.

Defining the scope of criminal protection for national unity clarifies the validity of the theory of restricted freedom. This ranges from unrestricted freedom of speech, except in matters affecting public order, to freedom of opinion on all matters that contradict the ruler's views. Ultimately, it necessitates a balance between freedom and restriction. Since neither absolute freedom nor absolute restriction is possible, and given that the fundamental principle is freedom of opinion while restrictions apply to anything that violates morality, ethics, or public security, the legislator has prohibited individuals from engaging in activities that infringe upon the principles of morality, ethics, and public order. By observing these restrictions, individuals are prevented from committing acts of aggression, ensuring that no one is deprived of any rights. The framework for criminal protection of national unity is thus established, recognizing that aggression can never be a right nor a means to attain such a right. Our study will be divided into two sections. The first section will address the conceptual framework of national unity and the philosophy of criminal protection, divided into two subsections: the first subsection will examine the concept of national unity and social peace, while the second will explore the philosophy of criminal protection for social peace. The second section will focus on the limits of legislative authority in criminalizing acts that threaten social peace, also divided into two subsections: the first, entitled "Criminalizing Acts that Threaten Social Peace," and the second, "Proportionality and Guarantees Against Arbitrariness in Criminalization." The study will conclude with a summary of our findings and recommendations.