نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Criminal responsibility based on free will and volition is one of the foundational principles of classical criminal law, rooted in moral philosophy and anthropological theories. The traditional approach adopts a binary view—either full responsibility or complete exoneration (e.g., due to insanity) leaving no room for intermediate degrees of responsibility. However, psychological and sociological realities indicate that many criminal acts are committed under the influence of structural pressures, psychological stress, or low resilience, conditions under which an individual's autonomy is not entirely abolished, but significantly constrained. This approach if first place was considered in framework of international criminal law. This study aims to explore the necessity of reconsidering the concept of free will in criminal responsibility through the lens of General Strain Theory (GST), which emphasizes the role of external and internal pressures in increasing the likelihood of criminal behavior. Employing a descriptive-analytical method with an interdisciplinary approach combining criminal law and criminology, this research investigates the interplay between strain and responsibility. Findings suggest that General Strain Theory provides a useful theoretical basis for developing a spectrum-based model of criminal responsibility. Such a model fosters convergence between traditional legal principles and insights from behavioral sciences. Accordingly, this paper advocates for the Iranian criminal justice system to adopt a more realistic and humane approach to culpability, accommodating varying degrees of responsibility while preserving the core values of justice.
کلیدواژهها English