جستجوی مقالات مرتبط با کلیدواژه « early intervention » در نشریات گروه « فقه و حقوق »

Abstract Today, in restoring the order ruptured by terrorist acts, the mission of the legal systems and governments actuality is not summarized to the legislation of punitive laws and the constitution of criminal responses after the occurrence of terrorist crimes. But in order to control terrorism, a new strategy has been presented in legal literature, and legislative regimes have been equipped with legitimate mechanisms called preemptive strategies before the occurrence of terrorist crimes. Accordingly, with regard to the ineffectiveness of punitive-based strategies after the occurrence of terrorist attacks, the main question of this article is: what are the Preemptive measures in confronting terrorism and their nature, components And the basics of justification? In trying to answer to the question, this article uses a descriptive-documentary research method. Based on the results of this study, preemptive approaches of containment of terrorism have a preventive, punitive, retributive, restrictive and obligatory nature, and their components include legal status, early intervention in imminent danger, non-entry into the criminal proceedings and exceptional which would be taken against suspects of terrorist crimes. Preemptive measures have justification bases such as precautionary, risk management, difficulty in prosecuting perpetrators, transforming the concept of liability and reducing damages

The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist crimes. The present article by using descriptive-documentary research method seeks to answer the question that, in order to prevent the harmful risks of terrorism in the precrime stage, what Anticipatory measures have been presented in legal systems? Findings of this research demonstrate that today Anticipatory approaches to containment terrorism have a special station in legal systems. legislative systems by adopting Anticipatory mechanisms before the occurrence of terrorist threats, Have the future-based approach Against this dangerous phenomenon. The most important Anticipatory strategies to control terrorism to include the limitation or prohibition of ownership, financial transparency and prevention of terror financing, communication, training and employment restrictions, residence and monitoring obligations , control on travelling and inspect places. Safeguards for Anticipatory measures in the face of terrorism include administrative measures, Control orders and arrest.

Preventive detention of mental disorders applies for ensuring public protection and for preventing potentially dangerous offenders from reoffending. Former Article 48 and Article 150 of Islamic penal code 1392 are the most important examples of the preventive approach in Iran's law. In fact, preventive detention is a sort of pre-emptive action for public protection. In this measure, criminal law is moving from a retributive approach to a forward-looking approach and applied to pre-crime. Therefore, the article, examines this approach with emphasis on Article 150 of the Islamic Penal Code of Iran and the United States of America’s and France's law that are examples of punitive penal policy.