Do Principles of Criminal Law Policy Exist?

Abstract

The problems of implementing criminal law policy are always of high relevance due to the fact that there is no universal model for such a policy. In each state it is necessary to find its own model based on the needs of society. The main problem considered in the article is related to finding ways to identify key provisions of the criminal law policy – the principles of criminal law. The difficulty is that such principles are not specifically formulated in any legal act. Moreover, legal principles need not be specified in law. The author compares two related legal categories – the principles of criminal law policy and the principles of criminal law. Studying various points of view regarding the distinctive features of these principles, the author concludes that there are no significant differences between the principles of criminal law policy and the principles of criminal law. The system of criminal law principles does not imply the allocation of the principles of criminal law policy as its separate link. The principles of criminal law are not based on the principles of criminal law policy, because any criminal law principle can be considered as criminal political. According to the author, the political feature is already inherent in the very nature of the legal principle.