Assistant Professor, Imam Khomeini International University
Abstract
The legislator, in certain cases, has turned proving a dangerous state without presenting any legal criteria for it, over to the judicial authorities. Legal authorities also, using the achievements of different sciences particularly biological, psychological and social sciences, examine the biological, psychological and social states of an offender which its results help the judges make equitable and safe giving decisions.
Security measures Act 1339, had provided for particular measures for establishing a dangerous state by resort to biological, psychological and social indicators, but, unfortunately, as the law was abandoned, it hasn’t been effectively useful. Concerning the dangerous offenders of a state of insanity, only article 52 of Islamic criminal law has implicitly and briefly put forward resorting to these indicators for establishing a dangerous state. However, the laws of other countries including France, Canada, Holland and England involve too detailed and explicit regulations in this regard.
babaii, M. (2005). The Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous State. Criminal Law Doctrines, 1(15), 169-186.
MLA
mohammadali babaii. "The Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous State". Criminal Law Doctrines, 1, 15, 2005, 169-186.
HARVARD
babaii, M. (2005). 'The Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous State', Criminal Law Doctrines, 1(15), pp. 169-186.
VANCOUVER
babaii, M. The Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous State. Criminal Law Doctrines, 2005; 1(15): 169-186.
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