Establishing a criminal framework for traffic safety; A comparative study of the criminalization of high-risk driving violations in the legal systems of Iran and selected countries

Abstract

Background and Objective: In a situation where the high number of traffic violations and fatalities in Iran indicates the lack of deterrence of existing enforcement guarantees, this research attempts to analyze the theoretical foundations of criminal law and reveal the capacities and challenges of Iran's criminal policy in dealing with behaviors such as driving in an abnormal state due to alcohol and drug consumption, risky behaviors, and driving without a license. This study aims to investigate the possibility of criminalizing some high-risk driving violations in the Iranian legal system by utilizing the experiences of selected countries.

Method: The research method is analytical-comparative and the legal systems of the Netherlands, Australia and Singapore have been studied. Despite scientific, structural and cultural differences, each of these countries has presented a model for targeted and applicable criminalization that can be inspiring in the reorganization of the Iranian legal system in criminalizing high-risk driving violations.

Findings: The conclusion of the study emphasizes that Iran's criminal policy needs to move from reaction to the result to risk prevention; which requires a clear definition of high-risk crimes, a review of penalties, strengthening of enforcement institutions, and restoring the social ugliness of dangerous behaviors.

Results: separating violations and crimes, designing a graduated punishment, and creating guarantees for the effective implementation of traffic laws and regulations.