The Axiology of Protecting Social Values ​​in Criminal Law

Abstract

The regulation of moral values—given their intimate nature—does not fall within the scope of legal norms; instead, they are examined within the realms of ethics, religion, and philosophy.
In instances where an individual adopts specific outward conduct based on moral rules—conduct that enters the social sphere through the externalization of certain individual principles—that conduct (and, implicitly, its underlying cause) may become subject to criminal regulation; however, this does not alter the fundamental rule that criminal law does not aim to regulate the intimate sphere of individual morality.
Social values ​​constitute one of the criteria used to systematize criminal law; nevertheless, the process of defining criminal offenses must align this criterion with insights derived from judicial practice and scientific knowledge (such as physics, biology, and chemistry). This alignment is essential to maintain a balance between the public interest in suppressing certain behaviors and the level of intrusion the state authority must exercise when enforcing criminal sanctions.