جستجوی مقالات مرتبط با کلیدواژه "هزینه های جرم" در نشریات گروه "فقه و حقوق"

The purpose of this study was to investigate the formal and informal costs of crime by descriptive survey method. The statistical population of this study is convicted of robbery, fraud and intentional assault and release from prison in 1989. Using the available sampling method, 150 individuals were selected as the final sample size. Data gathering tool was a researcher-made questionnaire whose content and face validity were confirmed by the opinions of three experts and its reliability was calculated by Cronbach's alpha coefficient of 0.81. After explaining the demographic data, frequency distribution and percentage of questions answered, multivariate analysis of variance and t-test were used for data analysis and Tukey test was used to determine the differences between groups. According to the findings of this study, investigation of official and informal crime costs in thieves is more than thieves and in thieves more than the perpetrators of deliberate beatings. Also, when assessing formal and informal costs, in general, fraudsters pay close attention to both types of costs, thieves emphasize informal costs more than formal costs, and perpetrators of deliberate assault and crime pay little attention to official and social costs. The reason for the discrepancy in the assessment of crime costs is due to the forensic nature of the crime, that is, the fraudsters as white collar criminals knowingly commit the crime, and the perpetrators of deliberate assault and intentional assault as the blue collar criminals, committing crimes.

Costs of crime generally comprise the cost of crime commitment and of its prevention. The present article attempts to investigate the relationship between estimation of costs of crime, punishment theories and penalization in “Ta’zirat”. The rationale behind “Ta’zirat” and the specification of the severity of punishment within the unlimited authority of the legislator, is among the unanswered questions in the criminal justice system of Iran. Penalization in “Ta’zirat” may not be necessarily interpreted as taking a retributivist or consequentialist approach. Such determination is contingent upon the acceptability of criteria under the criminal policies of the state. However, in adopting either approach (retributivism or utilitarian considerations of criminal policy makers), the important concept of crime cost may serve as an effective tool in formulating a more complete criminal response and brings the criminal justice system closer to its desired goals (desert, proportionality and social benefit). The relevance of the costs of crime as a precondition for penalization and its conjunction with “Ta’zirat” is further investigated in the present article.