الأمن الجنائي ومسئولية الدولة والأفراد في تحقيقه

الطويلي, أحمد أحمد صالح (2017-09)

Other

الملخص: يتناول هذا البحث موضوعًا مهمًّ من موضوعات الأمن الشامل الذي تنشده الدول والمجتمعات، وهو الأمن الجنائي باعتباره يلامس حياة الناس ومعاشهم، ويرتبط ارتباطًا مباشرًا بأمن واستقرار الدول والمجتمعات، فبدونه يعيش الناس في خوف وقلق واضطراب، ويعد هذا البحث محاولة لتقديم حلول عملية لمواجهة الجريمة المتفشية في كل مجتمع، وبخاصة ما يتعلق بجرائم الاعتداء على النفس، والمال، والطريق، من خلال إبراز دور الدولة والأفراد في تحقيق الأمن الجنائي، وبيان الأساس الشرعي والقانوني لمسئولية كل منها في ذلك.موقد خلص البحث إلى أن الأمن الجنائي يعد الركيزة الأساسية لأمن الناس واستقرارهم، وأن المقصود به حماية المجتمع من كل ما يزعزع أمنه واستقراره، إضافة إلى تأكيد الوظيفة التكاملية بين أفراد المجتمع والدولة في تحقيق الأمن الجنائي، وقد اكتمل في مقدمة وخمسة مباحث وخاتمة.الكلمات المفتاحية: أمن الأمن الجنائي مسؤولية الدولة مسؤولية الفرد. Criminal Security: Responsibility of state and Its Individuals on its Realization Dr. Ahmad Ahmad Saleh Al-Tuwaili Assistant Professor, Department of Law, Najran University The present research provides discussion on a distinct subject that has relevance with important subjects of comprehensive security. Also, this subject carries a dominant concern of world nations and world societies. To put in precise words, this is CRIMINAL SECURITY. It has bearing on human life and human livelihood. Also, it maintains a direct linkage with peace and stability of world nations and world societies. Without such security, the humanity will suffer a life of apprehension, anxiety and distress. The present research represents a modest endeavour to provide a tangible solution against crime that permeates in each community. In orientation, this crime is multi-dimensional. It implies transgression on human life, human property and safety of passages. The research offers suggestions that assist in countering this multi-dimensional crime. Accordingly, the research demonstrates the relative roles of both state and its individuals in achieving criminal security. As part of this presentation, it provides legal and jurisprudential bases on which relies responsibility of criminal security. The responsibility of criminal security is assumed by the state alone. Rather it is broader in scope. It includes both individuals and institutions. In the present age, the concept of criminal security has gained spectacular development. The latter emerged in the wake of new changes and security threats which the world nations are witnessing with grave concerns. In consequence, it has become imperative to maintain compatibility with new variables. The most important question addressed in the present research is to highlight the relative roles of both the state and individuals assumed in combating such crimes. Accordingly, the subject under research, carries bi-dimensional significance ـــــ academic and applied. Summary presentation is in order: First is academic significance: Included in the context are following dimensions: 1- It discusses the above subject as a prime subject bearing close reference with security within the community. 2- It reveals the relative concern of world nations to achieve criminal security within our communities by exploiting human and financial feasibilities. 3- It provides exposition on criminal security as an important foundation on which relies the peace and stability of world nations, and its direct linkage with human life. Second is applied significance: The present research amplifies following points: 1- It offers practical solutions on combating crime related to criminal security. 2- It offers twin roles ـــــ role of state and the role of individuals ـــــ on combating crimes associated with criminal security. 3- It provides opportunities for researchers on criminal law and comparative jurisprudence to explore in-depth research study pertaining to crime and its relative significance to the community. The present research cherishes following objectives: 1- Identification on the concept of criminal security and its various approaches ـــــ legal and jurisprudential ـــــ to achieve it. 2- Enhancement of social awareness on the importance of community participation in gaining criminal security. 3- Establishing legal culture explaining the procedural process of individuals participations in achieving criminal responsibility. The present research comprises an Introduction, five Sections and a Conclusion. Brief summation is in order: Section One: Objectives Associated with Criminal Security and Its Relative Importance. Section Two: Crimes Touching Criminal Security of the Community. Section Three: State Responsibility in Realizing Criminal Security. Section Four: Individuals Responsibility in Achieving Criminal Security; and Section Five: Individuals Participation with State in Accomplishing Criminal Security. The present research, in its Conclusion, incorporates salient findings and recommendations. The most outstanding are as follow: 1- Criminal security implies the protection of individuals and community against any perceived dangers of chaos and destabilization. 2- By virtue of its priority responsibility to carry out important function, state is duty bound to achieve criminal security. Likewise is the role of individuals. By virtue of their patriotic affiliation and religious fervidness, they are impelled to render their participatory contribution in gaining criminal security. 3- Muslim community and its members represent a positive community. In no event, this community can stand against crimes. It is invariably ardent seeking peace and stability. In fact, criminal security is unattainable if the entire community deflects in rendering its participatory contributions on combating crimes. Research Recommendations: 1- A call should be given on establishing a Department within the Ministry of Interior. This Department should be given a distinct name ـــــ Public Department on Criminal Security. Alternatively, it may be termed ـــــ Public Department on Security Awareness for Combating Crime. This Department should be divided into multiple peripheral branch departments of police centers. Each branch department or police center should be directed by police officials. The latter should continue their linkage with the community through twin approaches. First is by imparting importance of awareness on citizens participating in combating crimes. Second is practical steps undertaken towards achieving criminal security. 2- Special attention should be assigned by imparting awareness through various media channels on the important role played by individuals and their participatory contribution in achieving criminal security on combating crime of different typology.