Investigating Criminal Policy with the Delmas-Marty Approach

Abstract

The policy-making process in the field of criminal law is a highly complex process. Most governments have reacted to criminal phenomena based on their own interests. The response to criminal events is closely related to the culture and norms prevailing in each country. Criminal policy, which essentially examines the reactions of governing bodies to criminal phenomena, can contribute to the objectives of criminal law, namely the rehabilitation and education of criminals and the provision of justice in society. This research raises questions about what criminal policy is, which pillars it is based on, and which model of criminal policy can be suitable for addressing criminal events. The assumption is that criminal policy refers to the government or governing body's response to criminal phenomena. The pillars of criminal policy include legislative criminal policy, judicial criminal policy, executive criminal policy, and participatory criminal policy, and the best model of criminal policy is the liberal model. The main objective of this research is to achieve a unified and accepted concept of criminal policy, and its secondary objectives involve identifying the pillars and models of criminal policy. In this study, the analytical-descriptive method is employed, and library resources, scientific articles, and reputable journals are utilized. The most significant obstacle faced in this research is the lack of resources in the field of criminal policy in Afghanistan.