An overview of criminal laws to control terrorist crimes

سال انتشار: 1402
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 112

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HUCONF03_195

تاریخ نمایه سازی: 10 خرداد 1402

چکیده مقاله:

Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. Under the influence of religious extremism, terrorists in China have used crime and violence as a means of creating terror and spreading panic in order to achieve the goal of splitting China. While criminal law could be an effective instrument for fighting against terrorism, the essential characteristics of terrorism in China require a reconstruction of the criminal legal system around the Absichtsdelikte model by introducing terrorist motivation into the constitutive elements of terrorist crimes. This article argues that this rather innovative legislative model can help to align the crime with the punishment in the field of counter-terrorism legislation and would be helpful for crime prevention as well. The UN Security Council is the only body that has the legal authority to use force in international interactions, while expanding its powers and responsibilities in the fight against terrorism, yet no effort has been made by countries claiming responsibility. They have a world in the fight against international terrorism, and none of its institutions has been designed to provide a clear, inclusive, and inclusive definition that is consistent with international consensus. The ۱۹۳۷ Convention on the Prevention and Punishment of Terrorism (Geneva Convention ۱۹۳۷) can be considered the first international convention on terrorism. Since then, not only has the concept of terrorism undergone many changes, but also international mechanisms that have similarly laid the foundations for independent yet more pervasive areas and issues. Nevertheless, it seems that the evolutionary process of establishing the necessary mechanisms and mechanisms to define, explain, delineate and counter international terrorism in international law has been relatively slow compared to other areas.

نویسندگان

Mona Sharifi

M.Sc. in Criminal Law and Criminology, Faculty of Law and Political Science, MazandaranUniversity, Iran