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Ahmadi E M. Principles of Criminalization and Its Challenges in the Afghan Criminal Justice System. SRQJL 2026; 3 (3) :256-271
URL: http://srqjl.knu.edu.af/article-1-115-en.html

Criminalization constitutes one of the fundamental pillars of the criminal justice system of every state, serving to delineate the boundaries between acceptable and unacceptable conduct within society and to ensure social security and justice. This article examines key principles of criminalization—such as normativity, necessity, proportionality, respect for individual rights, effectiveness, morality, and non-discrimination—and evaluates the limitations and challenges associated with their implementation in Afghanistan through a descriptive–analytical method. The purpose of this study is to elucidate the challenges surrounding the principles of criminalization and to propose appropriate solutions.
The findings indicate that fragmented legislation, discretionary and inconsistent enforcement, and insufficient protection of individual rights constitute major obstacles to the proper application of these principles. It is recommended that by revising existing laws and harmonizing them with international standards, the criminal justice system in Afghanistan can be strengthened and made more coherent.