Criteria Recognition of the Elements of Crimes about Risky Behaviors

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Today, the risk of certain behaviors and the concern for ensuring the safety and health of the community in front of them has led to the development of relevant crime pillars under the influence of new knowledge, including hazard knowledge, in criminal law. All crimes have three important pillars: the pillars of the law (crime prediction as a criminal offense in the law), material pillars (elements that characterize criminal behavior, and only with the circumstances in which the crime is committed), the spiritual pillar (observer elements to the mental and mental state of the perpetrator, according to which the crime may be attributed to the perpetrator. For each crime, the legislator recognizes various elements and elements of these criminal behaviors, and therefore any crime, despite the fact that these three pillars are entirely presented, will have different components and conditions under these triple elements. Regarding these considerations, lawmakers have recently rejected the accepted principles of this body in criminal law for providing maximum protection to the safety, health and safety of the community, and considers this approach justified in protecting the community against dangers. Therefore, the basic question arises as to how far the legislator has evolved, given the recent crimes that the legislature has committed to offending the perils of committing perils? In other words, what has changed the direction of transformation in the components of the triple elements of crime? Along with the same in French and German criminal law, the crime of endangering individuals with the prediction of behaviors with a potentially dangerous outcome is one of the corollaries of these concerns, but in countries like Iran, scattered crimes that you are being punished with the same logic. In addition, expanding the new examples of the perilous criminal behavior and the complexity of the technicalization of their areas of concern, it is difficult to comprehend the identification of these crimes. To this end, it is necessary to address the criterion to them as a response to the question of whether this offense or other criminal elements with the same logic have the same characteristics and details. Among the criteria that can cover a wide range of criminal offending behaviors is paying attention to their pillars. In this framework, rationalism in criminalizing these behaviors and the sharing of laws and regulations in the comprehensive forecast of high-risk crimes and offenses is one of those developments. On the other hand, in the form of material pillars, the spread of the crime of abusive verbs, the determination of reasonable conditions for the imminence of a possible risk of behaviors and the precise determination of the type of relevance of such crimes are worthy of consideration. On the spiritual side, the spread of crimes based on the precariousness of the legislature and the perceived need for the legislature to assume certain maladministration, and sometimes the lack of need for proof, needs to be analyzed. In the form of addressing these crimes, it is possible to create a risk-taker criminal law system that, while trying to cope quickly and potentially criminal, returns health and safety to the community. This new criminal law has preventive function, in that it seeks to prevent the perpetrators from committing or committing them by predicting criminal behavior.
Language:
Persian
Published:
Journal of Environmental Hazard Management, Volume:5 Issue: 2, 2018
Pages:
143 to 165
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