fateme ghanad; masuod akbari
Abstract
In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based ...
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In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based towards crimebased
in order to provide the security in a way that fundamental principles of
criminalization, criminal liability, and sentencing are changed and bears a
differential interpretations. Supposing the offenders as an enemy, it creates a
hostile-oriented criminal law and due to the globalization of crimes and gross
violation of national and international security, it seeks uttermost security.
Stressing on extreme slogans of providing security for citizens, it seems that
criminal policy has encountered a kind of crisis in the context of humanitarian
law and failed to achieve its goals. Whether the security-oriented criminal policy
can reach the goals in spite of the existence of serious challenges or not is a
matter of concern in this article.
Ali Hossein Nadjafi Abrandabadi; Soodabeh Rezvani
Abstract
Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive ...
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Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive detention is a sort of pre-emptive action for public
protection. In this measure, criminal law is moving from a retributive
approach to a forward-looking approach and applied to pre-crime.
Therefore, the article, examines this approach with emphasis on Article 150
of the Islamic Penal Code of Iran and the United States of America’s and
France's law that are examples of punitive penal policy.
