Document Type : Research Paper
Authors
1
Associate Professor of criminal law and criminology, Faculty of Law and Political Science, Tehran University, Tehran, Iran
2
Ph.D. Student in Criminal Law & Criminology Faculty of Law and Political Science, Tehran University, Tehran, Iran
10.22059/jqclcs.2022.320644.1676
Abstract
Violation of the fundamental rights of citizens in various forms of violation of political, economic, social and cultural rights and areas related to health and education, by states that are primarily responsible for guaranteeing them, in terms of criteria can be called as "state crime".
This descriptive-analytical article aims to focus on a specific dimension of the concept of state crime, in form of a "crime as harm" approach to the crimes committed by state such as political, cultural, environmental crimes, crimes against health, which are based on the harmful and power-oriented structure of the government, citing some objective examples and complaints received by the Board of Supervision of Law Enforcement Fundamental, discusses., legislators, by enacting laws that violate fundamental rights of citizens, including discriminatory laws or laws restricting constitutional rights or harmful laws, the phenomenon of "illegal laws" and "laws without legitimacy." which means laws that are contrary to justice and fundamental rights; Even if those laws have undergone formal legal formalities to become enforceable. Therefore, by infringing on the fundamental rights of their citizens and by adopting various policies, especially in the political, economic, cultural and judicial fields, governments inflict many harms on their citizens in various fields. These violations have in many cases relied on the law or are behaviors that, due to the monopoly of governments in the field of legislation and despite being harmful, have not been prohibited by actors in the field of legislation.
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