The Evaluation of Criminalization of Vagrancy in the Light of the Filter Standard

Criminalization is a wisdom-oriented process based on economic, social, cultural and political principles and strategies governing every society, the result of which is the announcement of the prohibition of performing a behaviour or abandoning it along with a criminal reaction. Completing this process and criminalizing a behaviour involves passing through various stages. "Jonathan Shenshak", one of the philosophers of criminal law, mentions the three principles, presuppositions and practical consequences of criminalization as obstacles for criminal legislators. Based on this, the current research is in the position of evaluating the criminalization of vagrancy in the light of the "Shanshak" point of view; Behavior that is considered a crime according to Article 712 of the Islamic Penal Code of 1375. The findings show that the criminalization of vagrancy does not have strong theoretical support and none of the principles of criminalization (such as the principle of harm, patriarchy, moralism, and perfectionism) can justify the prohibition of this behaviour; In addition, it is contrary to the human rights obligations of governments in guaranteeing minimum welfare, including the right to provide adequate housing. Vagrancy is an example of an imported crime that has entered the arsenal of criminal law by pure imitation of the laws of some countries and without paying attention to the realities of Iranian society. In this regard, it is suggested that the legislator, while decriminalizing vagrancy, should include this behaviour in the realm of social policy and not criminal, as in the Law on the Protection of Children and Adolescents approved in 2019, some situations similar to vagrancy are examples of dangerous situations and require the intervention and legal support of judicial institutions and social workers.