Criminal Law
mehdi aghaee; nasrin mehra
Abstract
Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes ...
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Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes and violations. Situational prevention or situation oriented, as the most moderate, possessing the most widespread measures, is considered as an effective non-criminal prevention pattern and based on the statistics given by official organizations, it has a tremendous impact on the reduction of crimes and violation in different countries. In proportion to scientific and technological developments, different situational preventive measures have been updated, and due to their consistency, they can be applied in traffic violations and offences. On one hand, the analysis of suggested measures in the framework of situational prevention and on the other hand, statutory criminal policy pathology and some other practical plans linked with this kind of prevention of the offences and traffic violations are the main purposes of this article. In the sphere of Iran's statutory criminal policy "The law of compulsory insurance for damages inflicted to third parties arising from an accident of vehicles" and "The law of adjudication of traffic violations are the most important legal sources that their analysis shows that most of the components and enforcement measures either have not been predicted or their enforcement process have not been codified even in the form of by-laws, or they are far from the situational technics and criteria over them. Unfortunately, the legislature has taken situational prevention aspects into consideration only in few cases of its statutory criminal policy, although this matter is significant: the practical potentials of situational prevention has been restricted to nominal and brief dimensions. Besides, the guarantee of situational prevention approach in the society needs systematization of the variety of adopted situational measures.
Mohammad Ali Babaei; Ali Najibian
Abstract
The situational prevention as a one of the prevention methods, is applied to a set of measures for diminishing and omitting conditions and opportunities in the crime perpetration. One of the reasons for accepting such prevention is the inefficiency of the social prevention. Though, the process of the ...
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The situational prevention as a one of the prevention methods, is applied to a set of measures for diminishing and omitting conditions and opportunities in the crime perpetration. One of the reasons for accepting such prevention is the inefficiency of the social prevention. Though, the process of the passing from the thought to the act is encountered some obstacles in such prevention, it does have the impediments and limitations which fades out its efficiency. In addition to human rights considerations, these limitations consist of: inflicting the expenses and applying the responsibility for injured parties, fearing the crime, also making the anxiety and fear in weak and disabled persons are resulted from the execution of approaches of the situational prevention. As well, the crime replacement, a matter which caused to change the culpable act in time, place and manner of perpetration and type of crime carried out, must be considered as one of the challenges.