The basics of crime prevent the dual point of view of harm and morality

Background: Criminal law systems, including Iran's criminal law, with the goal of deterrence, have reached the criminalization of behaviors that do not inherently involve immorality; These behaviors, which are called obstruction crimes, do not imply a "direct harm" and are not even a moral error; Therefore, their criminalization faces challenges such as inflation of criminal law and lack of moral justification.Purpose: The author's purpose of this article is to investigate how to justify the criminalization of obstruction crimes from the point of view of the principle of harm and legal ethics based on virtue ethics.Method: In this article, with the analytical-critical method, we have analyzed the criminalization of obstruction crimes from the point of view of the principle of harm (indirect damages) and also the theory of moral error based on virtue ethics, and then the examples of obstruction crimes from the perspective of double harm. and ethics are examined in our contracts.Findings: The findings of the research indicate that based on the principle of freedom, or in other words, the principle of obfuscation, the criminalization of obstructing behaviors should be done in exceptional and "security" conditions, and in this case, such behaviors can be criminalized. considered to be justified by criminal principles.Result: The results of the research indicate that the perpetrators of obstruction crimes have a vicious personality, and on the other hand, their behavior involves indirect harm, which in exceptional circumstances can be used to prevent a "public error" and not an "individual error". He started to criminalize such behaviors.

کلیدواژه ها:

criminalization ، vice ، crime of obstruction ، philosophy of virtue law.