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Criminalization of certain deviances was brought forth in the light of the punishment concepts of Jeremy Bantam, but further developed under the influence of the positivism school teaching, especially the Dangerous mood theory, and for the time being, is recognized as the "preventive crimes". Nowadays, the criminalization of such a behavior does not conform to the standards offered by the criminal law philosophers about criminalization. Considering the standards for reasons balancing, social compliance, prohibition of imposing damages on others and filtering what concerns the criminalization, in other to recognized a behavior as a crime (crimnal act) it is essential that First,the concerned behavior be inconsistent with the ethical principles and values of the society. Second, the application of non-penal actions would not be effective in counteracting that behavior. Third, there should be executive and practical grounds for fierce encounter with that behavior. As the aforesaid indications have not been observed in the criminalize tion of the preventive crimes, considering them as a crime can not be rationally justified. On the other hand, the nature of such deviant behaviors is so that through application of non-penal actions and preventive means, their extent can be limited. Therefore, as the first step, we should overlook the suppressive penal actions when confronting such behaviors and recommend the exercise of means law as the last penal of the Social Defense System. Iran criminal legislation does not follow a particular logic concerning such behaviors. Some of these behaviors in the Iranian Penal Code have been referred to as criminal acts, despite the fact that they are far beyond any criminalization logics.

Keywords: Criminalization, Deviance, Preventive Crimes, Prevention

     

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