مخاطرات اجتماعی ناشی از جهل به قانون با نگاهی به رویۀ قضایی

جهل به قانون عامل بسیاری از مخاطرات و جرم‌هاست، چنانکه افزون‌بر 50 درصد زندانیان بی‌سوادند و هیچ علمی به قوانین ندارند. جهل موضوع جدیدی نیست و پیش از این به آن پرداخته شده است، اما باید اذعان داشت که بررسی مخاطرات اجتماعی ناشی از جهل موضوع کاملاً جدیدی است که در این پژوهش لحاظ شده است. براساس تحقیقات، وقوع جرم در جامعه با سطح سواد افراد ارتباط مستقیم دارد، به‌نحوی‌ که افراد جاهل به قانون بیشتر از دیگران مرتکب جرم و مسبب افزایش مخاطرات اجتماعی می‌شوند. برای مثال در زمینۀ آزادسازی کالاها، جهل به قوانین ترخیص کالا ممکن است به تغییر وضعیت قانونی به وضعیت قاچاق منجر شود. باید گفت در مورد آثار جهل قاعدۀ مهمی وجود دارد: جهل به قانون رافع مسئولیت نیست. نتایج حاکی از آن است که جهل، مفهومی نسبی است و شایسته نیست که تحت قاعده‌ای کلی بیان شود، بلکه تشخیص دفاع تلقی شدن یا نشدن جهل، نوعی کار دقیق قضایی است که بر عهده متولیان امر قضایی است.

social hazards caused by ignorance of the law with an attitude toward the judiciary

introduction ignorance of the law means the lack of knowledge of the law that has been published and the timing of its implementation has passed. in general, after the publication of the law, it is assumed that everyone is aware of it and the legislator accepts in a few cases the opposite. it should be said that there are many rules in iranian law that one of the most important of them is the rule of ignorance does not resolve the assignment or ignorance is not the responsibility of the law. in fact, according to the article of a civil law, the parliamentary approvals are signed by the president after the legal process, and he has signed it for five days and communicated to the executives and issued a release order. the official newspaper should also notify these rules within 72 hours. the laws of 15 days after publication throughout the country are binding, and the principle is that all people know the law. therefore, it should be said that ignorance is not accepted in most cases. but the court’s view of public awareness is more practical and is for better enforcement, because anyone may commit a crime and say he has not been informed of the law, but there are also exceptions to ignorance because, for example, a foreign person may travel to iran and do not have precise information about the official laws of the country and observe them that he has accepted such cases because a person has been ignorant of ignorance, that is, the act he has done has not been attributed to his will but this ignorance is not accepted by an iranian.materials and methodsthe present research method is descriptive-analytical. a description of this is that all the parameters and angles discussed should be fully explained and expanded using sources and references. the analytical method is also because it examines and analyzes social communication for achieving and measuring variables.discussion and resultstoday, the concept of risk is one of the important issues of interest to societies. in fact, in one approach, hazards are considered to be a component of harm and crime and are associated with the person committing it. in other words, the risk of the obvious element of the harmful and criminal behavior of the individual is for other individuals or communities (ahmadi manesh and saybani, 2021). increasing crimes on the one hand and increasing laws, in some way suggests a growing change in the issues supported by lawmakers. on the other hand, it can be said that the issues protected in risky rights have taken on an abstract aspect, and in this regard include other important and general components such as security, health, etc. (foroughi and iran, 2018).social hazards and behaviors leading to crime will lead to a lot of serious problems in a wide circle. social risks can occur in different ways in social contexts. these risks may in some way affect the social life of the people of the community and violate the rights of individuals (van ham, 2013). but from the point of view of criminology, there has been less study and study of social hazards (howard daniels and colleagues, 2018). it should be emphasized that ignorance of the law causes many dangers and crimes. at present, more than 50% of prisoners are illiterate and have no knowledge of the laws. according to investigations, the occurrence of crimes in a society is directly related to the level of literacy of individuals, so that ignorant people commit crimes more than other people. ignorance of laws in various fields can lead to social hazards, not only the people themselves, but the community around them in difficulty and problems. for example, in the area of ​​goods liberation, customs clearance laws are observed in order to get out of the goods from the situation of smuggling and to find the legal aspect of goods. in the event of ignorance and ignorance, people may be in trouble for smuggling goods.