It is understood that criminal law is based on the principle of legality; the law determines the criminalization and punishment. The question arises: can law play a role in allowing criminality? What is that role? This research is to address this topic and answer the question within the scientific method depends on a comparative study between a number of criminal legislations in the Arab world and French law then indicate the reasons for private and public justification. The law has taken a very large meaning in the decriminalization of offences and their justification. This meant that the double concept of law in a broad sense is to include both law and order in terms of respect for the law as well as the command and the permission. It is highly recommended for the legislator not to intervene in the exercise of the right to discipline children and in sports events and to leave the estimation to the judge so as not to be arbitrarily deprived of power. It was noticed that a new cause of justification is about to be born soon, it is the right of defense

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