criminal protection for civil contracts against Exploitation

Abstract

The principle is that a person is only bound by what his free will directs him to. In order for the will to create obligations, it must be free and free from any defect that taints it. The will must also be free from the defect of exploitation, as it is considered a path leading to fraud. If exploitation is a defect of the will in civil law and has its own punishment, we also find in criminal law texts that protect the will from the defect of exploitation by providing the maximum possible balance between the obligations of the contracting parties and preventing fraud between them and achieving contractual justice. When criminal law provides protection for the satisfaction of the contracting parties from the defect of exploitation, it may not allocate criminal protection to only a part of the interest regulated by the rules of civil law, by giving non-criminal situations a narrower or broader scope than their meaning in the civil law to which they belong, or it may be consistent with them, thus agreeing with the subjectivity of criminal law and the reason for criminalization.