Abstract
Crime danger management is one of the new concepts of the criminal justice domain which has been introduced since the beginning of the 1990s. After the possibility of achievement of the remedial goals of punishments was questioned and the necessity of criminal justice system's expense control was clear, the atmosphere for the appearance of the administrative approaches in criminal justice domain was prepared. In this approach, the crime is considered a common and normal behavior in the society and the criminals are categorized and managed based on the danger rate and the crime repetition possibility. Iran's criminal legislation system, in spite of the lack of the necessary infrastructures for evaluation and management of the crime danger in different rules and regulations, has approached the issue unsystematically. The dangerous state possesses two aspects: the criminal aspect which implies condition produced in the person by the coincidence of the crime factors, and the social compatibility which means one's compatibility and sociability level. But, recently, what inferred from the rules and regulations is the change of the dangerous state concept and act upon this concept in order to manage the crime commitment danger in the different levels of the criminal justice system which intends to manage and control the endangered groups and supply the public security putting aside the diagnosis and treatment of the positivist approach. In Islam's criminal jurisprudence like the other criminal systems, concerning the crime danger management, solutions like increased penalties in case of the reoffending or determining debilitating punishments like execution or life sentence have been predicted.
Highlights
The dangerous state is a sensitive and considerable issue which is analyzed and explained in different sciences like criminology especially clinical criminology, penal psychiatry, and penal law
According to the regulations legislated in France in 1813, the governor could order to keep every person whose mental and psychological state is dangerous for the public security in mental institutes for an unspecific period of time
The mentioned assembly provided a solution in this regard that the legislator must establish a specific provision for the dangerous criminal in case of reoffending or recidivism or genetic history of the criminal "which is manifested by the misdemeanor or crime commitment to secure the public security" (Amini, 1967)
Summary
The dangerous state is a sensitive and considerable issue which is analyzed and explained in different sciences like criminology especially clinical criminology, penal psychiatry, and penal law. These sciences have discussed the definition, attributes, discrimination, aspects, elements, reasons and dangerous state, and have advised the necessity to treat the issue. The treatment of dangerous state first discussed in the international criminal law assembly in 1910 and gradually entered into the different countries' criminal regulations (Gassin,1991). Later in the criminal regulations of some of the countries, the dangerous state was implied, but "its consideration and the reaction of the society toward the issue was analyzed and discussed in the 2nd International Criminology Assembly in Paris on September 1953" (Sedarat 1961: 137-138). Concerning the laws and the regulations of the countries in the last 3 decades, it is concluded that the change of the dangerous state concept and following provisions are toward the management of crime commitment dangers and crime reoffending in the framework of the penal system which has put the treatment of the criminals aside and more than ever prioritized the public security and management and control of the groups at risk of delinquency
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