Warning; the Main Criteria for Exclusion of Liability in the Dangerous Situational Prevention of Crime

Abstract

In this paper, the analysis of one of the main prerequisite conditions of situational prevention, i.e. the warning condition is investigated. The condition is analyzed under two main titles; the first one is the necessity of warning in Fiqh, human rights, and criminology. Afterward, such necessity alongside its conditions in order to achieve the proper way of warning is examined from the viewpoint of ordinary people, experts, and offenders. It will be concluded that, for it is fairly common for ordinary citizens who use dangerous or even fatal protective equipment to keep their properties safe from any criminal activities, it is essential for the state to make attempts to suggest appropriate laws to the legislature and legally determines conditions, types and other technicalities of different situational crime prevention measures and their legal limits. In this way, people will be aware of the legal domain of taking preventive measures without being trapped in criminal liability for hurting people who face such measures during their criminal activities.

Keywords

• keywords: dangerous situational prevention
• methods of warning
• appropriate warning
• liability