Examples of Deviation from the General Principles of Criminal Law on Crimes against Security

Abstract

One of the key issues in the legal topics is confrontation between "sovereignty’ rights" and "citizenship rights" in various fields. On the one hand, national sovereignty and political authority is the most important value to governments and statesmen will not spare any effort to ensure the sovereign rights. On the other hand, today the concept of “citizenship rights” as the opposite of "sovereignty’ rights" has found special position in the field of international law and the internal law of many countries, particularly issues related to human rights. According to current thoughts, a dynamic and ideal legal system on the one hand, should be advocate and defender of citizenship rights and its implementation and on the other hand, it must insists on strengthening the foundations of sovereignty in the country, which advocates citizens’ rights and the values of human dignity. In the meantime, without any doubt "crimes against security" is one of the most critical challenges and confrontations between sovereignty rights and citizenship rights. Because of the great importance of crimes against security and pernicious and detrimental consequences that such crimes have for public order and security, independence and national sovereignty, governments in the response to these crimes usually take steps to ensure sovereignty rights and sometimes deviate from of the general principles of criminal law. Criminalization of criminal thought and preliminary conducts, expanding the scope of crimes, depriving the perpetrators from leniency mechanisms and the rights of the defense, deviation from the territorial principle of the criminal law, applying Strict approach in response are the most important examples of deviation from the general and established principles of criminal law in the field crimes against security.

Keywords