Study of crime risk management approach from the perspectives of Imami jurisprudence, Iranian criminal law and international criminal law
جلال الدین حسانی
1
(
دانشجوی دکترای گروه حقوق کیفری و جرم شناسی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران
)
seyedmahmoud mirkhalili
2
(
Associate Professor, University of Tehran, Farabi College of Law, Iran
)
Mohammadreza Nazarinejad Kiashi
3
(
Department of Law, Faculty of Literature and Humanities, University of Guila
)
Keywords: criminal justice system, Crime Risk Management, Substantive Criminal Law, Formal Criminal Law, International Criminal Law,
Abstract :
Crime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, Iranian criminal law and international criminal law. In the crime risk management approach, the risk level of each of the crime categories is assessed and the appropriate criminal responses are implemented. Discrimination, delinquency, identifying the roots of moral corruption, enjoining the good and forbidding the evil, as well as predicting severe punishments, are some of the symptoms of this approach from the perspective of jurisprudential teachings. Substantive criminal law also reflects its in the framework of grading and determining Ta'zir punishments, issuing a Ta'zir sentence in case of non-execution of Qisas, prohibiting the implementation of mercenary criminal institutions towards high-risk perpetrators, determining the aggravated qualities of crimes, etc. Criminal security agreements, specialized criminal proceedings and urgent proceedings are also the most important platforms for implementing the crime risk management approach in the formal structure of criminal law. The criminalization of major international crimes, the severe penalties in the Statute of the Court, and the African challenge of the Court are examples of this approach in the field of international criminal law. This study has found that the crime risk management approach is clearly evident in each of the domains of Imami jurisprudence, Iranian criminal law and international criminal law.
