The De Minimis; Understanding the Concept and Its Application in Criminal Law

Articles in Press

Document Type : Original Article

Authors

1 Department of Criminal Law, and Criminology, University of Tehran

2 Ph.D. in Criminal Law & Criminology. University of Tehran

Abstract

Certain criminal conducts are so insignificant that pursuing them through the criminal justice system seems unwarranted. However, the current application of criminal codes and legislative regulations often leads to seemingly "trivial" subjects or acts being categorized as criminal conduct, compelling legal authorities to prosecute the offenders. Reliance on the judiciary's interpretative discretion in these cases is problematic, as it may not always prevent convicting and sentencing that appear unjust and unfair. This article seeks to explore the concept of "De minimis non curat lex"—which suggests that the law does not concern itself with insignificant matters—through a comparative framework. By employing library research and a descriptive-analytical approach, the study aims to clarify this principle across different criminal justice systems and establish a normative foundation for its implementation in criminal law. The concept holds relevance at various stages of legal proceedings, serving both as a substantive defense, where the "significance of the criminal conduct" can act as a condition of the crime's actus reus, and the "insignificance of the conduct" can serve as a barrier to criminal liability. Furthermore, it can function as a procedural defense, effectively hindering criminal prosecution, a perspective we argue is more appropriate and effective.

Keywords

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 29 December 2024

Files

Share

How to cite

Statistics