Culmination of Law

Culmination of Law

Absolute criminal responsibility for drug crimes in Iranian criminal law Looking at the English legal system

Document Type : Original Article

Authors
1 Associate Professor of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 PhD Student in Criminal Law and Criminology, Kish International Campus, University of Tehran, Kish, Iran.
10.22034/thdad.2023.539017.1957
Abstract
The moral concept of criminal responsibility, which is one of the basic achievements of criminal law, has changed again with the advent of the industrial revolution in the Western world, including the United Kingdom, and the emergence of new crimes resulting from industrial and machine life. Part of the material element was not recognized as a condition for fulfilling the criminal responsibility of the accused. This new approach, known as absolute criminal liability, was initially applied to disciplinary offenses with light and financial penalties and had the aspect of compensation. After several decades, more serious crimes in the field of health, production, distribution and consumption of food and beverages, customs affairs and even the seizure of drugs and narcotics and psychedelics in this country were affected and many votes were issued based on this doctrine. However, such an approach, which was not to the taste of criminal law from the beginning, was not in line with the characteristics of the Iranian penal system and the criminal laws and regulations governing our country's drug crimes, which have full severity and strictness, as well as lack of clear text. And the evidence that the legislature intends to criminalize such behavior based on the doctrine of absolute responsibility, can not be considered drug crimes in Iran in this category of crimes.
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