The Impact of Criminological Teachings on Criminal Responsibility with Emphasis on the School of Zemiology and Neurocriminology

Abstract

This article examines the impact of criminological teachings on criminal responsibility, focusing on the School of Zemiology and Neurocriminology. The School of Zemiology emphasizes ensuring social justice and seeks to move beyond the discourse of "crime" toward a theory that encompasses the study of serious harms resulting from political and social decisions. On the other hand, Neurocriminology, by analyzing the biological and neurological influences on criminal behavior, underscores the importance of scientific understanding of brain processes and genetics in determining criminal responsibility. The combination of these two approaches leads to a more comprehensive understanding of criminal responsibility. The present research is of a descriptive and causal type, conducted through a library-documentary method. The findings indicate that the teachings of the School of Zemiology are based on the acceptance of absolute criminal responsibility, meaning that punishment will be directed at the perpetrator of the crime without the need to establish a psychological element; in other words, criminal responsibility is presumed. Furthermore, the School of Zemiology advocates for the accountability of states and the adoption of criminal sanctions in response to state crimes and harms. On the other hand, the adoption of Article 91 of the Islamic Penal Code (2013), which is based on criminal maturity and the judiciary’s approach to it, aligns with the teachings of Neurocriminology. The Neurocriminological approach highlights the necessity of considering para-legal interventions alongside legal interventions and points to the importance of scientific understanding of neurological and biological processes in determining criminal responsibility.