عنوان مقاله [English]
نویسنده [English]چکیده [English]
In the penal systems based on liberal theory, criminalization and penalization are directed within special criteria and restrictions, with emphasis on given theoretical bases, by reference to specific normative and evaluative considerations. In such a system, punishment is legitimated and justified in the light of values of the same as freedom, tolerance and autonomy which are, in fact, components of every liberal theory. In the liberal thinking, center of gravity is determining and drawing punishment, based on freedom-restricting principles and defending some kind of minimal penalization and criminalization. In the most cases, this restriction and minimize-seeking is done by reference to Harm principle as the most famous and important freedom-restricting principle. This article is seeking to explain the scope and limits of criminalization and penalization in liberal theory by reference to theoretical bases of liberalism and its components.