From a dangerous state of clinical criminology to a crime endangering another life: A comparative study of Iran and France

The term "risk" first appeared in civil law and in the realm of insurance, and meant a harmful event whose occurrence and timing were not definitive. That is, any incident that was possible but uncertain. In clinical criminology, a dangerous condition has bio-psychological and social indicators and in fact is a kind of social harm or disease, and solutions appropriate to this condition are defined and in order to eliminate it. The perpetrator and his environment are taken action. Gradually, this concept entered the realm of criminal law, and a series of anti-social behaviors, such as refusing to help people at risk, became criminal and were accompanied by a guarantee of execution. Legislators in some countries, such as France, in the 1994 amendment to the Penal Code, concerned about ending the selfish behavior of individuals, strengthened their criminal arsenal in this regard and criminalized the act of "endangering the life of another." Thus, special attention was paid to a concept, apart from the existence and occurrence of damages, and the classical view of criminal law based on the materiality of the damage was removed. These two concepts of danger and dangerousness and its different effects are examined in this article. Is located.