The principles and examples of obstruction crimes in Iran and UK law

سال انتشار: 1401
نوع سند: مقاله ژورنالی
زبان: انگلیسی
مشاهده: 104

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JR_LEST-7-44_001

تاریخ نمایه سازی: 14 آذر 1401

چکیده مقاله:

This study was conducted with the aim, principles and examples of obstruction crimes in Iranian and British law.The data collection method was descriptive-analytical. The research method was library which was collected by studying books, articles and dissertations related to the research topic. Crimes prevent behaviors that the legislature has criminalized to prevent the commission of a crime or subsequent crimes, and the legislature uses the theory of suffocation in sperm to confront the perpetrators of these crimes. These crimes do not have inherent ugliness. The results showed that in Iran and the United Kingdom, such crimes as begging, vagrancy, the beginning of crime have a significant volume of criminal offenses. Regarding the basis of criminalization of this group of crimes, some scholars and jurists refer to the principle of legal ethics, others to the principle of harm, and finally some to the principle of legal patriarchy. But it seems that the moral justification for criminalizing the above crimes is more correct. Given that many criminologists believe that many instances of crime prevent deviations that should not be criminalized, and the cost of criminalizing these crimes was far greater than the cost of decriminalizing these crimes and the possibility of preventing these crimes to There are ways other than punishment and criminal mechanisms, the need to decriminalize some instances of preventable crimes such as begging, vagrancy, addiction is felt.  

نویسندگان

رضا چتر سیماب

M.A in Criminal Law and Criminology, Department of Law,Islamic Azad University, Zahedan Branch, Zahedan, Iran