Value Grounds of Criminalization

Abstract

Today, the generally recognized basis for criminalization is the recognition of an act as criminal. Thus, the criminalization process has the property of a vicious circle: the definition of a phenomenon includes the properties of the phenomenon itself (Latin: circulus in definiendo). The viciousness at the base of the legal structure determines its insolvency. It seems necessary to link the basis of criminalization with the most important (universal) values that require special protection by the State. The process of attributing acts with signs of criminality and illegality should be based on the definition of universal human values, recognition of their fundamental place among the interests protected by law and the State.