عنوان مقاله [English]
Crime prevention, as a main active strategy of criminal policy in Iran, is based on a series of laws and regulations, acted with aiming at normalizing and systematizing active responses to crime. These rules and regulations, which are the most important source of "crime prevention law", have such limitations and challenges that seriously damaged the fundamentals and strategic principles of crime prevention law and faced it with an "identity crisis". Therefore , it is necessary to study these challenges in order to give identity to crime prevention law and maintain its position. This article, using a research method based on the logical and hermeneutic analysis of the contexts of these rules and regulations and taking into account the foundations and strategic principles of crime prevention, examines the nature and bases of these challenges and their solutions.
Nowadays crime prevention as a systematic strategy of criminal policy is based on a series of laws and regulations. These rules and regulations as well as practical procedures, which is so called as "crime prevention law", are approved and implemented with the aim of normalizing and structuralizing crime prevention. In Iranian legal system, there are many substantive and procedural laws and regulations including Article 156, Clause 5 of the Constitution, the Improving Administrative Health and Combating Corruption Act (2013), the Combating Goods and Currency Smuggling Act (2012), and the Crime Prevention Act (2016), which have passed with the aim of constitutionalizing, normalizing the preventive criminological doctrines and systematization of the active strategy of criminal policy to control crime. But analyzing the contexts of these rules shows that the legislator has ignored many of the principles, bases and strategies of crime prevention in the process of approving or amending them, which has faced crime prevention law with fundamental challenges in Iran. So that, they have shaken the existence of crime prevention law and raised many questions such as: what are the bases of these challenges, is it possible to talk about crime prevention law as an organized, scientific and systematic criminal policy strategy in the field of criminal policy? Are these challenges not the reason for the existence of "identity crisis" in crime prevention law? This article, taking into account the bases and strategic principles of crime prevention, examines the nature, foundations and solutions of these challenges in several axes of procedural, substantive and substantive-procedural ones.
This article examines the nature, foundations and solutions of the basic challenges of crime prevention law in Iran by using the method of logical and hermeneutic analysis of the contexts of crime prevention laws and regulations.
Results and discussion
This article has examined the basic challenges of crime prevention law in Iran based on the foundations and strategic principles of crime prevention.The findings of this research shows that these challenges are of different nature, some of them are procedural, the other ones are substantive and the third ones are procedural-substantive. lack of comprehensive, integrated and independent monitoring and performance assessment system, lack of coherence and integrative policy-making and management system are the most important of first ones. Lack of adequate and effective implementation guarantee, risk and security-oriented crime prevention law are of the second ones. Non transparency of crime prevention law, duty or conduct (not-result) based preventive obligations of the states and non- independence of crime prevention law (dependence on classic criminal law and criminology and pressure and interest groups) are of. multiple nature ones.
The existence of strategic and fundamental challenges has faced Iranian crime prevention law with some of "identity crisis ". So that, we can not speak of crime prevention law as an organized, scientific and systematic active strategy of criminal policy. In order to give identity to crime prevention law and maintain its independence it is necessary,that the structure of law-making institutions to be reformed in the first place. The legislator must pay attention to the fundamentals and strategic principles of crime prevention, especially of trans-sectoral, knowledge-based, participatory and solidarity, sustainability and human dignity principles in the second place. It requires that the legislator dissolves all institutions and parallel structures of crime prevention and strengthen the status and credibility of the Supreme Council for Crime Prevention. Two basic actions should be done in this regard: First, the Supreme Council for Crime Prevention, based on the strategic principles, be constitutionalized in the Constitution, and based on that, the normal laws of crime prevention, including the crime prevention act (2010) should be reviewed and reformed. Second, in the case of non-constitutionalization, the objections and substantive or structural problems of the crime prevention act and the Supreme Crime Prevention Council should be resolved by revising and amending the law based on the solutions mentioned in the article. Changing the nature of preventive duty-oriented obligations of governments to result-based ones and criminalizing state crimes and create the necessary judicial structures to deal with the cases of violations of preventive obligations of governments at the national and even the regional or global level is another fundamental step to identification of crime prevention law.
5.Selection of References
Ebrahimi, Shahram and Safai Ateshgah, Hamed (2014), Legislator's Approach to Crime Prevention in the Law on Enhancing the Health of the Administrative System and Combating Corruption, Criminal Law Research Journal, 6th Year, 2nd Issue, Fall and Winter, pp. 31-7 (In persian).
Ahmadi, Azam and Malmir Mahmood (1400), evaluating the adequacy of petroleum laws and regulations from the perspective of crime prevention and fighting corruption, Crime Prevention Studies Quarterly, Volume 16, No. 61, pp. 65-85 (In persian).
Barani, Mohammad (2013), Prevention of Global Crimes, Tehran, Mizan Publications, first edition (in persian).
Jandali, Menon (1401), A study on the prevention of delinquency, translated and researched by Shahram Ebrahimi, Tehran, Mizan Publications, third edition (In persian).
Farjiha, Mohammad (2014), report on the scientific meeting on the crime prevention law: from formulation to approval, Tarbiat Modares University, written by Mohammad Arefi, available at Lawtest.ir www. (In persian).
Qumashi Saeed and Arefi Morteza (2016), economic and political obstacles to social prevention of crime, criminal law doctrines, Razavi University of Islamic Sciences, Mashhad, number 13, pp. 88-94 (In persian).
Mohammad Nasl, Gholamreza (1400), Basics of crime prevention (translation and research), Tehran, Mizan Publications, second edition (In persian).
Najafi Abrandabadi, Ali Hossein (2014), report on the scientific meeting on the crime prevention law: from formulation to approval, Tarbiat Modares University, written by Mohammad Arefi, accessible at Lawtest.ir www (In persian).
Najafi Abrandabadi, Ali Hossein (2014), Towards the Definition of a National Crime Prevention Policy (Preface) in: Oxford Encyclopedia of Crime Prevention, Brandon C. Welch and David P. Farrington, translated by a group of criminal law and criminology researchers, researchers, by effort of: Hamidreza Nikokar, Tehran Mizan Publishing, pp.9-13 (In Persian).
Nieto Martin, Adan (2016), Towards a Rational Legislative Evaluation in Criminal Law, Switzerland, springer