Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 165-181 | Back to browse issues page

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Ghorbani A, Shadmanfar M, Heidari M, Ashrafy M. A Reflection on the Criminal Mechanisms of an Actuarial Justice Approach in the Anti-Terrorist Financing Law. MLJ 2021; 15 :165-181
URL: http://ijmedicallaw.ir/article-1-1371-en.html
1- Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
2- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
3- Department of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract:  
Background and Aim: Actuarial justice is closely related to modern criminology or risk-oriented criminal policy. This new approach has changed the etiology of crime by changing the attitude and foundation of traditional theories; If instead of analyzing the crime and the causes of its formation, which was welcomed in the former criminal theories and policies, from a managerial perspective, it evaluates and measures the risk of committing a crime and then enters the field of managing these risks.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: At first glance, it may seem that the legislature, under the influence of critical justice ideas, has taken a strict approach to determining punishment in general when it comes to combating the financing of terrorism and taking into account the risk of the type of crime. However, the results of the research show that the Law on Combating the Financing of Terrorism in 1394, with the changes and amendments that were made in 1397, has not absolutely applied a risk-based approach.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The criminalization of terrorist financing, with its transparency, has been considered to some extent in the developments of the 1397 law and is in line with the approach of critical justice and criminal risk management, which is the same as the new penal strategies.

Cite this article as: Ghorbani A, Shadmanfar MR, Heidari M, Ashrafy M. A Reflection on the Criminal Mechanisms of an Actuarial Justice Approach in the Anti-Terrorist Financing Law. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/04/4 | Accepted: 2021/08/17

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