VICTIMLESS CRIMES CHALLENGES FACING THE CRIMINAL POLICY

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RAHAMI M.; HEYDARI A.M.

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Journal: PRIVATE LAW STUDIES Year:2006 | Volume:- | Issue:70 Page(s): 185-212

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Title

VICTIMLESS CRIMES CHALLENGES FACING THE CRIMINAL POLICY

Author(s)

RAHAMI M. | HEYDARI A.M. | Issue Writer Certificate

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Abstract

With regards to the fact that many stipulations in the criminal policy have been introduced to restore the damages inflicted on the victims of the crimes, today's criminal policy is heavily influenced by victimology. Hence, as the victimless crimes are not subject to the criminal policy, many of its stipulations can be enforced just in case there is a victim. The reason for the exclusion of "victimless crimes" from the criminal policy lies in certain characteristics of such crimes, which make them distinct from other crimes. Some of these characteristics are introduced and discussed in this article as follows:I. The criminal statistics relevant to such crimes suffer from very poor reliability, as their "dark number" is at its most extreme. II. Due to the absence of a plaintiff, such crimes barely lead to prosecution. III. Prevention of such crimes, particularly "situational prevention", would be quite unsuccessful; as those involved in such crimes display no tendency to prevention. IV. Although such crimes cause no direct damage to third parties, they can produce social insecurity and provide a hotbed for further crimes. V. The "restorative justice" which is based on compensation and restoration on behalf of the victims is not executable in such crimes. VI. The Prosecution procedure known as the "criminal mediation" which is dependant on the victim's participation is not executable either.

Cites

THE EFFECT OF TYPE, IMPORTANCE AND LOCATION OF CRIMES ON NOT REPORTING OF COMMITTED CRIMES TO CRIMINAL JUSTICE AUTHORITIES

References

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APA: Copy

RAHAMI, M., & HEYDARI, A.M.. (2006). VICTIMLESS CRIMES CHALLENGES FACING THE CRIMINAL POLICY. PRIVATE LAW STUDIES, -(70), 185-212. SID. https://sid.ir/paper/124774/en

Vancouver: Copy

RAHAMI M., HEYDARI A.M.. VICTIMLESS CRIMES CHALLENGES FACING THE CRIMINAL POLICY. PRIVATE LAW STUDIES[Internet]. 2006;-(70):185-212. Available from: https://sid.ir/paper/124774/en

IEEE: Copy

M. RAHAMI, and A.M. HEYDARI, “VICTIMLESS CRIMES CHALLENGES FACING THE CRIMINAL POLICY,” PRIVATE LAW STUDIES, vol. -, no. 70, pp. 185–212, 2006, [Online]. Available: https://sid.ir/paper/124774/en

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