Abstract:
Mental action and reaction of those commiting crimes, known as the scond mental base of the crime, happen in two ways; in some cases, those commiting crimes act against penal laws intentionally while in other cases, they act without enough consideration and, therefore, commit a crime. The former would be regarded as intentional and the latter unintentional. The paper, using descriptive-analytic method, studies the definition and principal qualities of unintentional crimes in a new approach on the one hand, and introduces the ways to prevent them on the other hand. As shown in the study, in preventive studies, regarding the former and the latter both, we should oppose those agents of fundamental part in happening crimes; that is, those given their destruction, no other criminal element would be formed.
Machine summary:
Prevention of Unintentional Crimes: An Ethics-Based Approach Kiumars Kalantari* Fatemeh Nouri** Seyyed Ibrahim Qodsi*** Abstract The mental action and reaction of the perpetrator, which is referred to as the psychological element of a crime, is realized in two ways: either the perpetrator desires to commit an act contrary to criminal law, or such desire does not exist, but the perpetrator does not think sufficiently, and from this lack of thinking, a crime is realized; in the first case, it is an intentional crime, and in the second case, it is an unintentional crime.
Unintentional crimes, thought and awareness, ethics-based prevention, ethical codes, behavior normalization Problem Statement One of the achievements of the modern criminal law system is the recognition of "thought" and "awareness" alongside the will and desire of offenders as the psychological element of intentional crimes.
It is clear that cultivating thought will be effective in creating an "ethical abstinence," so that moral decision-making in the field of committing unintentional crimes—such as "functionalism," "responsibility," and "attention to the rights of others"—prevents deviant behavior and leads to greater employment of precaution.
Therefore, considering the beneficial functions of "awareness-raising" and "warning" — through the formulation of behavioral patterns — in identifying criminal measures; the degree of influence of potential offenders from this capacity must be examined in making other measures to combat unintentional crimes, especially active and preventive measures, more efficient.
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