Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisprudential-Legal Study of the Government's Responsibility in Prevention of Crimes against Citizens

Document Type : Original Article

Authors
1 PhD student in public law, Maybod Branch, Islamic Azad University, Maybod, Iran
2 Associate Professor, Department of Law, Faculty of Social Sciences, Payame Noor University, Tehran, Iran.
3 Assistant Professor, Department of Law, Maybod Branch, Islamic Azad University, Maybod, Iran.
10.22034/jccj.2022.355628.1071
Abstract
Governments have many responsibilities towards citizens. Establishing security and preventing crimes against citizens is one of these important responsibilities. In this paper, an attempt is made to investigate this important issue that what is the approach of jurisprudence and law towards this government's responsibility. The present paper is descriptive and analytical and investigates the mentioned subject using the library method. The results indicate that in jurisprudence, rules such as enjoining what is good and forbidding what is evil, the rule of prohibition of detriment, and the principle of necessity for the implementation of Islamic rules oblige the government to prevent crimes against citizens. In positive law, government, in its general sense, is responsible for prevention, especially social prevention, including situational prevention and growth-oriented prevention. In the constitution and other laws, regulations and duties have been established to meet the material and spiritual needs of people, and enforcing them and providing the basis for the application of the provisions of the law is the responsibility of the government, which is effective in reducing the commission of crimes. Founding of a proper and fair economy according to Islamic principles to create welfare and eradicate poverty play an effective role in preventing crimes against citizens. Multiplicity of laws and unclear mechanism for implementation of government's obligations in the field of prevention are the most important inadequacies in this regard, which needs to be taken into account by the legislative.
Keywords

Volume 2, Issue 2
Summer 2022
Pages 75-87

  • Receive Date 27 March 2022
  • Revise Date 19 May 2022
  • Accept Date 24 May 2022
  • Publish Date 22 June 2022