Pathology of the legal definition of a crime

Document Type : Original Article

Authors

1 دانشجو

2 ریاست دانشگاه علوم قضایی و خدمات اداری دادگستری

3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

Abstract
The definition of crime is in the realm of "beings", but the concept and nature of crime is in the realm of "musts", in other words, what behavior is a crime, we have a reference to the examples allowed in law and based on these examples in existing laws we recognize it. But what behavior should be a crime is a matter for the legislature The definition of a crime varies depending on the type of religious or non-religious view of the world and man, as well as the method of discussion adopted in the relevant field. Artificial and predetermined waiting for the word "crime"; In such a way that its definition or non-definition is the same in criminal law.
In most legal definitions of a crime, the legislature has defined a crime as "a behavior for which punishment is prescribed by law"; By providing such a definition, criminal jurists consider their duty accomplished; This is despite the fact that there are formal objections to this definition, such as; Ambiguity in the determination and manner of segregation, lack of distinction of crime from similar concepts, lack of comprehensiveness and obstruction, and that this definition refers to the consequences, as well as substantive objections, including; The basis of criminology is not clear, the crime is an institutional crime, there is a lack of clear rules and references to the examples in the law, which are addressed in this study. Keyword: Crime-Definition of crime-Concept of crime-Legal definition-Criminal law.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1759-1787

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