Revision of the psychological pillar of crime in the crime of biodiversity and the Islamic view of it
Subject Areas : Islamic theologyسید محمود میرخلیلی 1 , ابوذر سالاری فر 2
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Abstract :
Given the harmful effects of environmental crime, lawyers are looking for solutions that greatly reduce these harmful effects and further deteriorate these crimes. Among the developments related to environmental crime in some legal systems in the world The evolution of the concept of fault and the pillar of psychology, so that today, in many cases in environmental crimes, liability is criminal and legal without the need for a fault and psychological peculiarities of the perpetrator. The responsibility without fault Which is reflected in various forms in the legal literature, is to be ignored or implied The guilt of the guilty and the pillar is related to the perpetrator's ability to blame. Although the principle of innocence requires that the psychological element of the crime, as well as other elements of the crime, be proved, but in environmental offenses, given the importance of these crimes and the inescapable damages. Compensation in this regard after committing a crime and increasing the risk of committing a crime, will increase the level of supervision and in some way increase deterrence, and will adhere to the principles adopted in environmental law, such as the precautionary principle, the principle of prevention, the principle of payment by the polluter and the principle Compensation is consistent
