بررسی نقش اراده در تحقق مسؤولیت کیفری در نظریات جرم‌شناختی و تأثیر آن بر مسؤولیت کیفری منحرفین جنسی

Abstract A longstanding philosophical and legal issue is how to deal with criminals and persons who in some ways act against the acceptable laws, rules, norms and values in any society. Criminal copings and imposing punishments on those who violate the principles and rules of any society and maintaining criminal responsibility for the individuals are as old as humanity. Meanwhile, the theories of criminology have had great effect on the developments concerning the criminal responsibility throughout their histories of emergence. Noting the element of will as the foundation of criminal responsibility can be observed in all criminological theories and throughout the history of criminology has faced many fluctuations from the absolutism of will to its negation. The importance of these developments lies within the relative wills of some perpetrators of deviations and crimes such as sexual perversions. Because new scientific achievements have proven that many sexual perverts do not enjoy complete will when doing the deviant behavior and have relative wills. Without any doubt, the achievements of criminological theories such as theory of diminished responsibility have had an outstanding influence on the developments of criminal responsibility and also the criminal responsibility of the sexual perverts would not be deprived of these achievements.