چکیده:
Introduction: In criminal matters, driven by the ideal of creating a risk-free society, concepts such as risk management and security measures have led to the expansion of restrictive actions and certain punitive measures—at times applied before the formal establishment of criminal guilt. Among these preventive mechanisms are Community Protection Notices (CPNs). Community Protection Notices are civil preventive orders designed to prohibit specific behaviors by an individual or organization if the existing conduct is deemed to have a 'detrimental effect on the quality of life of individuals in the locality,' with non-compliance triggering specific enforcement mechanisms. The implementation of Community Protection Notices impacts several core principles of criminal law. This study aims to examine the consequences of adopting Community Protection Notices within the UK’s criminal justice system to evaluate the feasibility of integrating CPN-related policies into Iran’s criminal policy framework. Methods: This study, aiming to examine the harms arising from the implementation of Community Protection Notice policies within Iran’s criminal policy framework, employs library-based sources and a descriptive-analytical methodology to address the following questions: What constitutes the concept of anti-social behavior within a nation’s criminal policy? What are the meanings of preventive justice, civil preventive orders, and Community Protection Notices? What are the advantages and disadvantages of adopting criminal policy frameworks based on Community Protection Notices in Iran? To this end, the study first establishes the theoretical framework by exploring concepts such as preventive justice, civil preventive orders, Anti-Social Behaviour Orders (ASBOs), and Community Protection Notices. Library-based sources are utilized for data collection and analysis throughout this research Results: This study argues that civil preventive orders, under the framework of preventive justice, constitute a form of personalized, two-tiered criminal law. In the first stage, an order is issued through a civil judicial process, and in the second stage—should the order be violated—a punitive and coercive response is imposed via criminal proceedings. The Community Protection Notice is one such type of civil preventive order, designed to expedite and streamline interventions by non-judicial authorities, including police and social enforcement officers, in response to anti-social behavior. During the initial stage, individuals deemed at risk of deviance or criminal conduct receive a formal warning from the competent authority. Failure to comply with the warning triggers the issuance of a Community Protection Notice, resulting in penalties for the offender. While such orders may enable rapid responses, they carry significant systemic risks. The CPN, by extending the application of repressive and reactive responses to the pre-proof-of-crime stage in a competent criminal court, leads to a violation of the presumption of innocence, with extreme consequentialism regarding antisocial behaviors and inattention to the elements of committed behavior, leading to a violation of the general theory of crime, and by applying punitive and coercive measures under a sham legal cover in line with extreme governmental control, leads to a violation of the rule of law. Rather than addressing root causes, Community Protection Notices prioritize suppression and control—effectively sweeping societal issues under the rug. Paradoxically, the frustration and resentment generated by such coercive tactics, grounded in social psychology theories, may fuel further aggression and anti-social behavior. Furthermore, as societal norms are fluid and subject to shifting governmental priorities, citizens remain perpetually vulnerable to warnings or Community Protection Notices. This constant surveillance destabilizes the principle of individual freedom, reducing liberty to a conditional privilege contingent on state-defined norms. Conclusions: The Community Protection Notice has significantly influenced many fundamental principles of criminal law and introduced a novel form of excessive governmental control under the guise of legal frameworks. This phenomenon substantially contributes to the totalitarianization of states. Consequently, refraining from its implementation in Iran's criminal policy would be more advantageous than adopting it.
خلاصه ماشینی:
ir Volume 17, Number 3, Autumn 2025 263 Methods: In this research, with the aim of examining the damages resulting from the application of the Community Protection Notice policy in Iran's criminal policy, using library resources and a descriptive-analytical method, the following questions are answered: What is the concept of anti-social behaviors within the context of a country's criminal policy?
The Community Protection Notice, by extending the application of repressive and reactive responses to the stage prior to the proof of crime in a competent criminal court, leads to the violation of the presumption of innocence; through extreme consequentialism regarding anti-social behaviors and disregard for the elements of the committed behavior, it leads to the violation of the general theory of crime; and by imposing punitive and coercive measures under a legal facade in the direction of extreme state control, it leads to the violation of the principle of the rule of law.
The community protection notice is a type of civil preventive order issued with the aim of accelerating and making the actions of non-judicial official authorities, including the police and community police officers, more efficient against anti-social behaviors.
The community protection notice is a type of civil preventive order issued with the aim of accelerating and making the actions of non-judicial official authorities, including the police and community police officers, more efficient against anti-social behaviors.
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