چکیده:
Given the increasing role that 'victimless crimes' play in determining the criminal policy of countries, including our own country, this research has been conducted to identify these crimes. In this study, after explaining the concept of this type of crime and their position, their connection with other categories of criminal policy such as the flow of criminal prosecution, criminal statistics, the feeling of insecurity (fear and anxiety about crime), crime prevention, and restorative justice has been explained. The three elements of victim, consent, and damage, which play a key role in recognizing victimless crimes, have also been investigated and researched; furthermore, the relationship between victimless crimes and the category of morality and the scope of freedom in public morality has been examined by the authors of the article. Considering the developments in Iranian criminal law after the victory of the Islamic Revolution and under the influence of Islamic criminal jurisprudence, and the entry of categories such as rights... and divine limits into the field of penal laws, the authors of the article, based on the new classification of crimes, have analyzed the instances of victimless crimes in the current system of Iranian criminal law, and for the purpose of comparative study, the opinion of American jurists regarding the instances of victimless crimes has been considered. The authors have emphasized that using the common term 'victimless crimes' for these crimes is not correct, and it is more appropriate to use terms such as 'consensual crimes' or 'specific victimless crimes' depending on the case.
خلاصه ماشینی:
" Attention to the effect and role of the victim in the occurrence of a crime or the effort to repair and compensate for the damage caused to the victim and, in other words, victimology - whether primary or secondary victimology - is based on the assumption that in a criminal process, an active and determining element called the "victim" is present, and all discussions, investigations, efforts, and proposed solutions are based on this assumption.
" Researchers in this new field, whose primary concern has been investigating and studying the role and position of the victim or casualty in the process of crime formation (scientific victimology), as well as assessing material and moral damages and finding ways to compensate for these losses, have realized through their scientific discussions that there are crimes in which there is either fundamentally no victim, or if there is one, they are not considered an ordinary victim, but rather a victim who was a willing participant in the offense, in other words, a "willing victim," or even in some cases, the victim is himself a perpetrator in some way.
Considering what was said about the types of victims (direct, related, and indirect), it seems that there are few crimes that do not involve any material, physical, or moral damage and do not cause harm to a victim.
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