valiollah sadeghi
Abstract
Despite the fact that the depenalization has been policy in the last decade in Iran, But Policy enforcers or its implementers have been less concerned from the perspective of policy analysis. While, these enforcers play an important role in the implementation and development of this policy with their ...
Read More
Despite the fact that the depenalization has been policy in the last decade in Iran, But Policy enforcers or its implementers have been less concerned from the perspective of policy analysis. While, these enforcers play an important role in the implementation and development of this policy with their vote and authority. Therefore, the evaluation of the role of policy implementers is the subject of this article. for this purpose, the actions of the head of the judiciary, Judges of the Criminal Courts, Appeals courts, Supreme Court, Deputy of the execution of criminal sentences, Prosecutor's Office of Judges, Amnesty & Discounted Commission and Councils on Prisoners Affairs are organized in four levels: policy making, sentencing, Suggestion and Supervision. This typology indicates that despite taking measures and actions in this regard, implementers can be more active by implementing the legal grounds and authority. as well as it seems that the matching of implementers is necessary to balancing the its development.
hasan moradi
Abstract
Sometimes the harm inflicted on a person of not treating or not effecting it, Infection and spread to other parts or other organs, or the self-perpetrator, and may be, cause amputation or breathing. This in intentional crimes against retaliation before or after retribution. Altogether, it about Johnny, ...
Read More
Sometimes the harm inflicted on a person of not treating or not effecting it, Infection and spread to other parts or other organs, or the self-perpetrator, and may be, cause amputation or breathing. This in intentional crimes against retaliation before or after retribution. Altogether, it about Johnny, and he will die due to the transgression of retaliation, or the corruption of a member of my community, leading to his amputation or other members. The question is whether the spread of deliberate crimes with the inclining of unintentional crimes complies with a ruling, and whether in the two of them the principle is based on the interference of the organ in the memberor the member in the soul or the principle is that it does not interfere, or Should it be detailed in detail? Imams 'jurists' fatwa often is difernt. this article, while explaining the concept of contagion, the judgment examines various instances of it in terms of the opinions, and the views of Islamic law-makers, especially the legislator of 1392, do not apply to the inconsistency of intentional and unintentional crimes, except in cases where The resulting result and the damage or damage sustained by the citation relationship is confirmed.
Javad salehi
Abstract
European Union Directive have same protection of the victim in territory of European Union’s member states. But, implementation of European Protection Order needs to unification of criminal laws in the European Union’s members. But, the European Union has not yet achieved the goal of unifying ...
Read More
European Union Directive have same protection of the victim in territory of European Union’s member states. But, implementation of European Protection Order needs to unification of criminal laws in the European Union’s members. But, the European Union has not yet achieved the goal of unifying the criminal laws in its member states. Accordingly, European Union Directive by creation, issuing and enforcing of European Protection Order have expectations of victim’s same protection, regardless of his/her nationality in throughout of the member states’ territory. European Protection Order is new mechanism of European Union’s criminal law and lacks a record in others criminal law. Therefore, European Protection Order by victim-state is issued for enforcement in the territory of offender-convicting state to defend the rights of the citizen based on domestic criminal law in the territory of the extraterritorial. The subject matter of paper is to examine the dimensions and achievements and its connection with criminal laws’ principals. Paper approach is descriptive and analytical relying European Union Directive. on Research question is: What is the status of victim’ European Protection Order in extraterritorial and its achievements in European Union criminal law? Findings of research indicate that exact implementation of European Protection Order also require.
hassanali moazenzadegan; hossein gholami; cyrus zarghami
Abstract
Considering the importance and effects of pretrial detention in Iran and the United States, it is important to consider the need for fair trial in this regard. In this article, in order to examine the fairness of the pretrial detention in these two countries, the presumption of innocence and equality ...
Read More
Considering the importance and effects of pretrial detention in Iran and the United States, it is important to consider the need for fair trial in this regard. In this article, in order to examine the fairness of the pretrial detention in these two countries, the presumption of innocence and equality of arms are considered as two essential principles for a fair trial as a basis. The examination of the presumption of innocence shows that the defendant's detention is not consistent with this principle, therefore, in both countries, measures such as limiting the issuance of a proceeding, the right to compensation and the right of appeal are anticipated. The study of the principle of equality of arms in this case shows that the detention of the accused is not consistent with the principle, Especially in Iran, where prosecutors can sometimes order pretrial detention. In American law, the judge who is neutral can issue this order. In both countries, there is a right of access to a lawyer in order to strengthen the defense rights of the accused at the time of his detention.
Seyed Bahman Khodadadi
Abstract
The point of departure in the present article is distinguishing two fundamental philosophical-legal questions as follow: ‘Why are we allowed to punish’ and ‘Why do we punish’. Since the focus of traditional approaches has been mainly put on the latter question, jurists have failed ...
Read More
The point of departure in the present article is distinguishing two fundamental philosophical-legal questions as follow: ‘Why are we allowed to punish’ and ‘Why do we punish’. Since the focus of traditional approaches has been mainly put on the latter question, jurists have failed to pay scant attention to the former one. Addressing the first question leads us to reflect on ‘the permissibility of applying coercive measure against human beings, not the goal pursued through such application’. This leads us further on to reflect on the four strictly deontological theories of punishment, the last of which (the right forfeiture theory of punishment) is discussed here. The right forfeiture theory of punishment which itself can be discussed in the light of two weak and strong versions has faced various challenges raised by its critics. I, defensively, address four challenges of ‘indeterminate authorization’, ‘status’, ‘suitability’, and ‘duration and breadth’ by an argumentative-critical method.
Ali Dehghani; Mohammad Ashouri; Mansour Rahmdel
Abstract
One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's ...
Read More
One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's powers were prosecuted as a party to the limited criminal proceedings.Although the principle of impartiality and the necessity of observance of it in Article 3 of the Criminal Procedure Code of our country have been emphasized,but its requirements and aspects Particularly in the preliminary stage of the preliminary investigation, officials have been neglected.In the same way, prosecutors still have the power to investigate and arrest the defendants in a large number of crimes and the investigator does not have complete independence in conducting investigations.Moreover,despite the adoption of the judiciary system,in some crimes and in the courts of the section,the system of public courts (all stages of proceedings by the judge of the unit( are applied,which is contrary to the principle of neutrality.In this article, the principle of neutrality and its components in the preliminary investigation and the degree of adherence of the legislator of our country to the requirements of this principle have been analyzed.
Abbas Shiri
Abstract
Diagnosis of perpetrators of killing and bodily harm is a complex mystery in terms of science, law and jurisprudence. It is possible to identify the perpetrator through known reasons for proving a crime, such as confession, testimony, evidence, and suspicion of a crime or oath. However, conflicting reasons ...
Read More
Diagnosis of perpetrators of killing and bodily harm is a complex mystery in terms of science, law and jurisprudence. It is possible to identify the perpetrator through known reasons for proving a crime, such as confession, testimony, evidence, and suspicion of a crime or oath. However, conflicting reasons may make it difficult or impossible to identify and determine the perpetrator. If it is not possible to identify and determine the perpetrator due to the conflict of reasons for proving the crime or the hesitation of the perpetrator between certain or indefinite persons, it will be difficult to reach the truth.There are four different theories in law and jurisprudence based on jurisprudential and narrative sources; The rule of lottery, the theory of fall of retaliation and payment of blood money from the treasury, the theory of equality of responsibility and the theory of criminal joint liability. Each of the views has its advantages and disadvantages, so it is not possible to accept a single theory in this regard.This research, with the method of library study, seeks to propose different points of view and provide solutions to explain the issue of the uncertainty of the perpetrator and the conditions arising from it in two situations of the possibility or impossibility of detection.
Criminal law and criminology
Seyed Ebrahim Mousavi; Behzad Razavi fard; Hossein Gholami
Abstract
Water is a natural resource in constant movement through the hydrological cycle, and for this reason, understanding the law in this area is difficult and faces inadequacies. Water law, as one of the nascent fields of law, tries to organize social phenomena in a way that covers social rights in addition ...
Read More
Water is a natural resource in constant movement through the hydrological cycle, and for this reason, understanding the law in this area is difficult and faces inadequacies. Water law, as one of the nascent fields of law, tries to organize social phenomena in a way that covers social rights in addition to respecting individual rights. What is certain is that water resource management cannot provide the necessary platform for crisis control without solving existing legal challenges. Governments have spent a long time to integrate this natural resource with legal requirements and regulations. Recently, the unitary and universal nature of water has received attention. In Iranian law, the cooperative and executive criminal policy in the field of water resources protection faces challenges. Therefore, despite the problems related to water shortage, the necessary capacity for accountability should be created and the level of executive and operational management should be improved from a legal point of view, and finally, a coherent and integrated criminal policy of water resources should be institutionalized with the support of various discussion platforms. In France, the water law was adopted on December 30, 2006, incorporating the principles confirmed in the 1992 law. The findings of the research indicate that the legal requirements for the protection of resources in France are quite complex and difficult to access, because the criminal policy and the law governing the protection and management of water are scattered in several articles, laws, decrees, etc. But in the field of structural requirements of executive and cooperative institutions, there have been some improvements. Although these developments are influenced by EU law, the requirements and legal framework of this vital resource pay more attention to its natural cycle, ecological reality, natural environments and water environments than criminal measures and official reactions.
Code of Criminal Procedure
Hossein Goldouzian
Abstract
Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded ...
Read More
Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded in Persian criminal law studies. This article aims to answer the question with a descriptive-analytical method, what requirements should be considered in the interrogation process in the primary research stage to detect the victimization of children? To achieve this, according to the available data, the article is divided into three topics.The first topic examines the selection of the interrogator and his training. If the first step, which is to have an expert interrogator with special physiological and mental characteristics, is not taken correctly, it will definitely not be time for the other steps. In relation to the physical characteristics of the interrogator, various studies indicate that people have a tendency to disclose crimes for women in sensitive matters such as sexual crimes, and this tendency is more prominent in the case of children due to their sensitive nature. Out of all the requirements regarding the interrogation of children, the Iranian legislator has explicitly and correctly set criteria for the gender of the interrogator. Article 42 of the Criminal Procedure Law stipulates: "If possible, the interrogation and investigation of women and minors should be carried out by trained female officers and in accordance with religious standards." In addition to physical characteristics, the main thing that plays an important role in doing an accurate and reliable question and answer is the mental characteristics and capabilities that he acquires. The increase in skill and expertise leads to the reduction of bias and incorrect mental backgrounds, and as a result, more correct and reliable information is obtained. In many countries, such as the United States, Canada, and England, training courses are held to improve the expertise and skills of interrogators, and the interrogation process is subject to pre-determined and taught protocols. The most widely used and important of these protocols, which have many similarities with each other, are: 1 Step-Wise Interview Guidelines; 2. cognitive interview; 3. Ten-step Investigative Interview; 4. National Institute of Child Health and Human Development research interview protocol.The second topic deals with the issue that after the selection and training of the interrogator, he should be able to get to know the child's condition and gain his trust in the beginning. The age of the victim, his physical, mental and spiritual abilities and problems, evolutionary or developmental considerations, ethnicity, language, culture, religion and the economic status of the family where he grows up and the places he went and comes are examples of information that should be obtained before the main question and answer session. This information can be obtained from the child's relatives, the school and kindergarten he goes to, and his doctors and teachers. After the initial acquaintance with the child, the interrogator should gain his trust by using them and by applying communication methods. Verbal and non-verbal communication, respecting the child's personal space by maintaining a proper distance and asking if the child feels comfortable with the distance between the interrogator and himself, calling him by name, Choosing words and arranging them next to each other in such a way that the child believes that the interrogator understands his painful situation and sympathizes with him has a great effect on creating empathy and intimacy between the two parties.In the last topic and after communicating with the child, It is time for the interrogator to give basic training to the child and ask the main questions and answers related to the crime. Explaining the child's role in the interrogation, teaching how to answer the questions, explaining the concepts of truth and lies to the child and gaining a detailed understanding of him in answering the questions are the effects of basic training. In the main questions and answers and according to the protocols, the beginning of the main question and answer process should be with "open questions". After the interrogator has heard the child's free interpretation and everything that was in his mind since the day of the incident, he should add to its quantitative and qualitative richness through specialized questions. The questions should not be suggestive or in such a way that their answer is yes or no.These explanations and information in various sources about this subject show that the primary investigations process, especially the interrogation session, question and answer session, interview or any other title that is placed on it, is one of the most important parts of criminal justice system, which is ultimately a huge part of the justifications for sentencing, but so far no special law or regulation has been written for its technical part. In other words, issues such as the existence of an expert and trained interrogator who has a special card should be included among the rights of the parties to a criminal case. It is clear that having legal information or work experience of the judge and officer who is responsible for the interrogation is not a guarantee for holding a useful and quality question and answer session.
Criminal law and criminology
Taher Tohidi; Mohammad Ashouri
Abstract
By reflecting on social relations, the footprints of power will be revealed, and in other words, power has a fluid presence in all matters of human life. Human societies have accepted the power of Mehr by establishing a political system for the order of affairs, and by establishing various institutions, ...
Read More
By reflecting on social relations, the footprints of power will be revealed, and in other words, power has a fluid presence in all matters of human life. Human societies have accepted the power of Mehr by establishing a political system for the order of affairs, and by establishing various institutions, they have tried to manage their affairs. By accepting the principle of separation of powers in a society or sovereign territory, the legislative, executive and judicial institutions will work together in harmony, and it is obvious that these institutions will also be affected by the ruling political context. The institution of criminal legislation in every society will explain the legislative policies and determine the normative boundaries and protect the value models of the citizens, and without a doubt, the determination of this value territory is also a function of power considerations, the foundations of which are established in the general policy of the country. The fluid power in the public policy of a country will determine the direction of the criminalization and punishment processes in the context of legislative criminal policy and with this description, the influence of power on the criminalization and punishment processes will be revealed. Power has manifested itself in different forms and on this basis, the degree of influence on various categories in the administration of a society will also be different. Political power, military power, royal power or religious power, media power and other examples, depending on the type and nature of the ruling regime of a society, can affect the legislative framework and the regime of crimes and punishments against illegal behaviors. Therefore, it is reasonable to maintin that the legislative system will be affected by the context of the ruling power. Realizing that power, whether obtained through legitimate means or through force and domination over subordinates, ultimately affects the legislative system and the processes of criminalization and determining punishments, and this issue will be the beginning of a way to another research: how this affects the institutions responsible for determining crimes and punishments will be determined. On this basis, in terms of revealing the new discourse of influence of power in the hidden layers of the legislative policy of the countries, which in the future and in the hands of the governments, will become a power in the direction of controlling and restraining the subjects that make up the discourse of power, the present article has been written in order to present an answer to the important question of "How does power influence the processes of criminalization and punishment?" Undoubtedly, today, with the ever-increasing development of the "government" institution in its many forms, it has made people see more clearly the influence of economic, military powers at the national and international levels. In some cases, the influence of political power in the approval or non-approval of punitive laws is so obvious that the role of expediency can be clearly seen. Expediency in supporting and protecting the interests of a limited number of people or belonging to a specific group causes the approval of laws that are completely contrary to the criterion of "public interest" and makes the color and shape of some laws so clear that other than protection. It does not serve any purpose of special group interests. It should not be forgotten that in such cases, the law is passed in the name of protecting the interests of the general public of a society. In many cases, it can be seen that in authoritarian government systems, the people are not at all aware of the mass of approved laws, and the people's representatives are also under the direct influence of economic, military, and media power, etc.The question of "How does power affect the processes of criminalization and punishment?" is a question that needs to be analyzed due to the lack of research writings in the scientific bases of the country, and we have tried to understand its hidden layers with an analytical-descriptive method and using theoretical sources. In this regard, uncovering the role of power in the process of criminalization and that the system of crimes and punishments determined for them is itself a function of the foundations of the ruling power, is considered the achievement of the article, because it puts a seal of approval on the fact that; the type and even the amount of crimes are based on the ruling powers and their beliefs, and therefore, it is not always the case that the interest of the individual is the basis of criminalization, and the appeal to the concept of protection of the "public good" is itself a sign of the superiority of political power and its obvious influence in determining the system of crimes and punishments. In other words, in many cases, the political governments of countries act through the system of criminalization-punishment to maintain their power and in this way keep the citizens in the center of power.
Criminal law and criminology
Hossein Gholami; GHodratollah KHosroshahi; hossein javadi
Abstract
State crimes are committed by the state against human rights. Although this kind of crime has a long history,the etiology of these crimes still lacks explanatory theories. State crimes One of the white-collar crimes that is the violation of fundamental human rights by the governmental organization. The ...
Read More
State crimes are committed by the state against human rights. Although this kind of crime has a long history,the etiology of these crimes still lacks explanatory theories. State crimes One of the white-collar crimes that is the violation of fundamental human rights by the governmental organization. The characteristics of these crimes, such as being organizational, complex, and related to the power structure, are such that they cannot be explained in just one dimension. Thus, there is no choice but to use different theories to explain the state crimes. To achieve this goal, we can use some mainstream criminology theories, such as opportunity.The opportunity theory is a commonly-used approach that is employed to analyze etiology of state crimes. Using the abovementioned theory, the present research aimed to describe the quality of committing state crimes in terms of such elements as incentives,objectives,impedimenta as well as limitations. Research findings suggest that states would commit state crimes in order to preserve and maintain their political power, achieve ideological purposes, access to economical advantages as well as governing people. Holding power, lack of supervision and liability, obscurity, lack of responsibility, public trust, lack of laws supporting citizens’ rights, disinclination of citizens for participation in public affairs and so forth are taken into account as backgrounds which strongly assist the government to achieve its objectives. However, the aforementioned backgrounds accompanied with such elements as illiteracy, civil indifference, fear of the government, as well as presence of such limitations as existing a potent civil society, non-state organizations for defending civil rights, liberal media, and international mechanisms will lead to committing state crimes. The opportunity theory through the use of above-mentioned etiology suggests that improving structures which give the government incentive, increasing interior and exterior controls which minimize state’s chances to commit crimes as well as strengthening either domestic or international limitations would help to prevent governments from committing state crimes. The proposed theory focuses primarily on structural factors affecting the state crime. These factors include the political structure (with totalitarian and authoritarian rule), the ideology of the ruling class (supremacy arising from nationality, religion, class) and the economic structure (command or Free Market Economy) that provide the basis for state crimes by creating the necessary incentives to commit them, such as community control, ideological control, economic interests and control. In the next stage, in the absence of barriers and control, the government will be in an Institutional anomie and will not refrain from taking any action to achieve its goals. If there are control mechanisms, the government uses neutralization and labeling techniques to overcome them. Ultimately, conditions such as ignorance, civic indifference, non-participation, fear of government, and obedience will contribute to the state crimes. When the government achieves its goals by committing state crimes, and there is no reaction against it, it will commit these crimes again through behavioral reinforcement. Repeating state crimes over and over again means that the government has learned to commit crimes against citizens and has made it as a behavioral trait for itself.Although the opportunity theory can explain the occurrence of state crimes to some extent, but due to its shortcomings, it is unable to explain the various aspects of these crimes, so we need unified theories. So In the late 1960s, criminology became so entrenched in extreme truth-seeking, theoretical crisis, and the endless competition of theories that it required a dramatic transformation to survive. To solve this problem, criminologists, distancing themselves from modern paradigms, have opened their arms to perspectives that seek the future of criminology in the reconciliation of theories without theoretical competition and extreme simplification. Thus, integrative criminology was born. One of the strategies through which integrative criminology seeks to make criminological theories more profitable is the combination of criminological theories, which is referred to as an integrated theory approach. Despite some criticism, this approach was gradually adopted, and integrated theories were born one after another. However, like other criminological theories, most of the integrated theories in the field of street crime were made, and the integrated analysis of different types of white-collar crimes was ignored. One of the white-collar crimes that suffers from the lack of integrated theory is the violation of fundamental human rights by the governmental organization, which is called state crimes. The characteristics of these crimes, such as being organizational, complex, and related to the power structure, are such that they cannot be explained in just one dimension. Thus, there is no choice but to integrate different theories to explain the state crimes. To achieve this goal, we can use some mainstream criminology theories, such as opportunity, labeling, control theories, neutralization and anomie techniques, as well as critical theories, like Marxist and Structural criminology.
Criminal law and criminology
Mahdi Khaghani Esfahani
Abstract
The predominance of power relations in academic environments, including deviations from the worthy path of thought, leads to the consecration of the position of thinkers and the epistemological reflection of their scientific achievements. Power is not used without knowledge and it is rare that power ...
Read More
The predominance of power relations in academic environments, including deviations from the worthy path of thought, leads to the consecration of the position of thinkers and the epistemological reflection of their scientific achievements. Power is not used without knowledge and it is rare that power is not the source of knowledge. All sciences are mature and synergistic based on the premise and establishment of knowledge and power relations. Measuring the discourses related to power and knowledge reveals a special effect in the reflection of power and knowledge relations, which is the power-seeking of a few academics in some educational and research centers of the world. A rare but dangerous manifestation of the wide field of power-seeking is bully-like academic misbehavior, which, in the form of white-collar workers who are not criminalized, causes an imbalance in the relations between power actors in academic environments; it is a type of purposeful, complex and mostly hidden behavior in some academic environments, which is committed with the aim of threatening, subjugating or rejecting the victim's softness.With the aim of knowing the manifestations and legal-structural factors of the phenomenon of "academic bullying" from the zoological-criminological perspective, this research investigates the hypothesis that the lack of amendment and approval of the "Mental Health" bill, the lack of formulation of the "Job Design Bill" (especially in the department of academic staff members), failure to amend disciplinary laws and regulations and promotion of academic staff members of educational and research institutions of the Ministry of Science, the continuation of defects and gaps in the "instructions on how to deal with the abandonment of the legal duties of managers and employees and its prevention" and laxity in the implementation That along with weakness of competent legal policy in preventing academic violations and reacting to them, is a significant distance from the rule of "legal state" and "knowledge preservation" among the inadequacies of Iran's criminal policy in maintaining the health of academic relations. The increasing growth of this challenge causes the flow of pseudo-science to increase and to strengthen the suspicion of fabrication and unreality of a significant part of the created knowledge according to the claim of some scientific institutions of the country.The most important cultural-attitudinal factors of academic corruption can be considered as follows: the incorrect understanding of the place of knowledge in the development of society and governance, mass and degree-oriented higher education, the disorganization of the major unemployability crisis of graduates, the big market of scientific fraud and its spread from fraudulent students to professors applying for fraud, the discourse of commodification of higher education, populism and managerial populism, the decline of scientific creativity in society, the reduction of public trust in scientific mechanisms, the weakness of the knowledge and skills of graduates, and the effect of corruption in other forms on misconduct in academic behavior."Criminal personality theory", "interactionism theory", "organizational critical theory", "anomie theory", "social strain theory", "labeling theory", "weakness of self-control theory", are among the most prominent critical criminological theories which, in connection with the teachings of organizational behavior and human resource management, have the ability to explain the reasons for "academic bullying". These theories also have the ability to provide solutions for situational and social crime prevention methods, primary and secondary and prevention methods, and specific and criminal/non-criminal prevention methods to reduce power imbalance factors in academic relations. On the other hand, and from the perspective of victimological criminology, victims of academic bullying, in addition to being victims of abuse of power by their academic colleagues, are also considered victims of governmental crime; because the lack of legal regulations to prevent academic bullying is a feature of the neglect of the government system in protecting academic freedom and peace, and it encourages academic bullies in this non-criminalized bullying. Also, the existence of administrative regulations and organizational procedures for promotion of scientific rank of university scholars, whose gross defects and major inadequacies have been widely criticized, are other manifestation of government crime.This article, in the context of zemiology, discusses what capacity critical criminology has in strengthening criminal policy to control academic bullying (severe abuses that are highly contrary to the dignity and ethics expected from the environment of educational and research institutions). Therefore, after examining the research background of the subject and describing the effects of this phenomenon that violates the ethics of knowledge, and by explaining the theoretical foundations help reduce the imbalance of power in academic relations, and discuses ability of some criminological theories in the etiology of academic bullying.
abdolreza javanjaari bojnordi; seyed javad sadati
Volume 3, Issue 11 , June 2015, , Pages 38-9
Abstract
Punishment like other social phenomena plays several roles in social interaction. Some of these roles are explicit but some implicit. The relation between punishment and power is among the implicit roles of these social phenomena. Punishment is not merely a tool for protecting from Social ...
Read More
Punishment like other social phenomena plays several roles in social interaction. Some of these roles are explicit but some implicit. The relation between punishment and power is among the implicit roles of these social phenomena. Punishment is not merely a tool for protecting from Social Solidarity. In contrast, we must see punishment as technology of Power. Punishment can be used to protect and generation of authority. There is deep relation between punitive reactions such as punishment and shapes of power. Power based on the violation uses physical and harsh punishments. But, power based on the industry uses producing punishments. And ultimately, modern power based on the economics of chastisement. Close relation between modern power and science, brings for modern power ability of training and generate law – abiding citizens.
Thomas Gutmann
Abstract
در صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده ...
Read More
در صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردیددر صورت پذیرش مقاله ، چکیده انگلیسی توسط نویسنده مسئول که ویرستار انگلیسی مجله است در مرحله ویراستاری، اضافه خواهد گردید
Amir Hossein Sahnzai
Volume 1, Issue 2 , January 2013, , Pages 15-40
Abstract
This paper wants to explain in detail the conception of hadith"Darolhad" and its very important consequences regarding the.Islamic criminal policy as a primary and secondary rule. No doubtthat cognition of a subject is very effective to understand it. Inother words, certifying subjects that include the ...
Read More
This paper wants to explain in detail the conception of hadith"Darolhad" and its very important consequences regarding the.Islamic criminal policy as a primary and secondary rule. No doubtthat cognition of a subject is very effective to understand it. Inother words, certifying subjects that include the arbitration of mindabout other subjects will be clarified after stating the meanings andexplanations.This holy Hadith is textually imperative and since it ispractically famous, it is possible to compensate the sendingweakness by having the conception of hadith cOlmected to theIslam criminal policy.
behzad razavifard; seyeed nemat alah mosavi
Abstract
Cyberspace or virtual environment is a concept which has been recently considered by criminologists and lawyers. Along with the creation of this environment, there are some crimes which are committed in the given environment; therefore, the legal fight against these crimes requires taking some significant ...
Read More
Cyberspace or virtual environment is a concept which has been recently considered by criminologists and lawyers. Along with the creation of this environment, there are some crimes which are committed in the given environment; therefore, the legal fight against these crimes requires taking some significant steps. The first crime was criminal behavior. However, the criminalization without creation and proof of criminal liability is deemed to be almost pointless. Perhaps, it was on this basis that the legislator of the law in Iran has emphasized on the criminal liability of legal entities regarding the cybercrimes and explicitly targeted at the criminal liability of legal persons for the first time the legal system of Iran. However, the issue of criminal liability and explaining the scope of computer crime law has been of the great importance. Many questions may be raised about the extent of the responsibility of individuals in a virtual environment. Legislator of Iran has allocated the sixth season of the computer crimes law to the subject of criminal liability and the most important changes that have been made in the above-mentioned law is to identify and establish criminal liability for legal persons in the virtual environment. .
shadi azimzadeh; hedie hedayat
Abstract
Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and ...
Read More
Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and moral restitution including emotional and mental restitution mechanisms which is not only one of the easiest and the most prominent species of protection of victims but also is prevention from re-victimization and reducing damages to a child and healing from emotional and mental damages. Restitution must be provided by the offender and if this is not possible on behalf of the offender, it must be provided by the government, insurance and special funds. Effects of mechanisms of restitution appear on the child victim directly and the more extensive, will prevent the extension of the harm caused by crime against the child. Hence, sentencing for offenders of crimes against children has a close relationship and worthy of study with restoration and restitution mechanisms.
Abdulmalek Vahidi; Mahdi Sheidaeian; mahmood merkhalili
Abstract
The failure of purely governmental responses to criminal phenomena and the increase in criminal inflation have necessitated a focus on participatory criminal policy. A policy that can provide organized responses to criminal phenomena with the participation of people and civil society organizations. In ...
Read More
The failure of purely governmental responses to criminal phenomena and the increase in criminal inflation have necessitated a focus on participatory criminal policy. A policy that can provide organized responses to criminal phenomena with the participation of people and civil society organizations. In order to achieve these principles, the present study has raised issues such as the institutionalization of social responsibility, the necessity of government alignment with the people, the efficiency of collective participation in prevention, the duty of the government to adopt the best practices and the necessity of developing the province of faith.In order to understand the Qur'anic instances of this policy, he has spoken of the good and forbidding the evil, the correction of the essence, the salutation, and the co-operation in goodness, and has come to the conclusion that participatory criminal policy is not only fundamentally problematic, but also manifestations and instances. Much of it is found in Qur'anic verses related to the above concepts.According to the Qur'anic verses, not only is the participation of the people and the public institutions in the fight against criminal phenomena justified, but the government and government officials are also obliged to accept and foster such participation.
Hossein Gholami; omid Rostami Ghazani
Volume 2, Issue 4 , November 2013, , Pages 33-64
Abstract
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions ...
Read More
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions in relation to developments in contemporary legal thoughts such asrestorative justice. This essay seeks to explain the concept of restorativejustice and its context in the trials of international crimes. It also seeks toexplain the Statute of ICC from the view of its proceedings and decisions byinspiration of “purist model” and “maximalist model “approaches about therestorative justice. The aim is to find the characters defined for restorativejustice in ICC, and explain the contexts of the restorative justice.
Akbar Vorurai; Reza saadati; hamid hashemi
Volume 3, Issue 8 , October 2014, , Pages 33-62
Abstract
In consistent behaviors against the public morality and chastity is undeniable in society (community) .But what seems o to be important, is the government s response against the behaviors. What behavior should be banned and which can be out the legal, are questions that should be answered in the ...
Read More
In consistent behaviors against the public morality and chastity is undeniable in society (community) .But what seems o to be important, is the government s response against the behaviors. What behavior should be banned and which can be out the legal, are questions that should be answered in the areas of law and moral philosophy. The legal system in west, is influenced by the ideas of liberal and less in clined to support moral behavior. On the contrary, criminal justice system in Iran plans more supportive of moral behaviors. Decriminalization and criminal inflation are the issues of judiciary and law enforcement agencies. Unfortunately, these two categories are discussed in criminology and sociology has been less expressed in Iran’s legal system. At last this study, examines the impact at moral in criminalization and Decriminalization in four areas in Islamic penal code.
Mohammad Ali Babai; Maryam Ghorbanpur Rasekh Danesh
Volume 3, Issue 9 , January 2015, , Pages 33-56
Abstract
Crime-proneness aspects of the policy made by ninth-government due to cheap housing for poor groups of people in society, namely Mehr Housing, are considerable from two perspectives: ecological and sociological. From the ecological perspective, Mehr Housing is exposed to high risk of crime-proneness ...
Read More
Crime-proneness aspects of the policy made by ninth-government due to cheap housing for poor groups of people in society, namely Mehr Housing, are considerable from two perspectives: ecological and sociological. From the ecological perspective, Mehr Housing is exposed to high risk of crime-proneness including factors such as high population density, segregation and causing the immigration of people. From the sociological perspective, it also includes factors such as conflict of cultures, anomy and causing the decline of social capital (such as sense of security, trust and cohesion of residents). These factors which seem have been driven by precipitance and non-comprehensive study in housing issues, do not draw a desirable horizon for society housing health condition. Therefore, it is worthy of attention to take some measures by the administrators in order to prevent such situations. This article suggests some solutions to get out of crime-proneness situations, by analyzing ecological and sociological causes of the crime and conforming them to the Mehr Housing policy. These solutions are such as fidelity to the primary aims of Mehr Housing policy through the monitoring the process of the implement of laws and regulations which were enacted for transferring Mehr Housing and also imposing some sanctions dealing with delinquents which can help to the reduction of cases like immigration of people to the metropolises and subsequently decline of conflict of cultures and obscurity of persons and finally reduction of crimes and deviations. Moreover, by changing the half-made constructions without any applicants to the necessary facilities and promoting the qualitative aspects, it will be possible to be hopeful about the rate increase of social capital - as an essential bascule for social prevention of crime- in Mehr Housing.
Gholamreza Zakersalehi; Mehdi Rahmatifar
Volume 1, Issue 1 , October 2012, , Pages 33-60
Abstract
Some of judicial authorities and courts of justice in big cities arestruggling with the phenomenon of brokerage and intermediary at thepresent time. It is the subject of the present study. In this article, theauthor suggests the synergic model of supply- demand for corruptjudicial services, to explain ...
Read More
Some of judicial authorities and courts of justice in big cities arestruggling with the phenomenon of brokerage and intermediary at thepresent time. It is the subject of the present study. In this article, theauthor suggests the synergic model of supply- demand for corruptjudicial services, to explain this phenomenon theoretically. First, theliterature on judicial corruption is analyzed, and the policies andstrategies used by different countries to control and prevent theemergence of judicial corruption are introduced. Then, the nature ofbrokerage and intermediary in judicial authorities is discussed. Next,different aspects of the problem of lobbying are reviewed using thePenal Code on lobbying against law and legal regulations and thesame. Finally, after explaining different forms of related violationsand crimes, the necessity to codify a comprehensive code onpreventing and confronting this phenomenon is emphasized.
Firouz Mahmoudi Janaki; Mehrangiz Roustaie
Volume 1, Issue 3 , July 2013, , Pages 35-66
Abstract
One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from ...
Read More
One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from two points ofview: moral and political philosophy, the prominent matters such as criminalintervention legitimacy, being wrong or right, State’s right to intervene andso on are considered as the justification. Alongside the moral justification–which is based on violated values by wrongdoer– “social justification”addresses its reflection and the rate of social acceptance. In InstitutionalBureaucracy justification, the quality of political institutes organization,roles which must be embedded in and power that must conferred to theseinstitutes are examined. Although even in the most liberal criminal justicesystems, criminal intervention is done on the base of the different andoccasionally contrary justifications, internal power of State – which isincarnated in system of criminal justice– must not be used in lack of acognitive justification just thanks to its ability in imposing the injustice
Nasrin Mehra; Behzad Jahani
Abstract
Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force ...
Read More
Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force in order to arrest and hand over accused to the legal authorities. Present article reviews the history, circumstances and scope of citizens intervention regarding the arrest of the accused in the legal system of Iran and England where the origin of the citizen’s arrest theory is. In the common law, citizen's arrest has the historical basis and now citizens of English, in Indictable offences with other circumstances, have the right to arrest the accused. However, in the Iranian legal system and for the first time, the legislator has granted people the right of taking necessary actions in order to prevent the offender from escaping and protecting the crime scene based the Article 45 of the Code of Criminal Procedure (2014). This right is conditional due to the three conditions: just especial crimes, crime shall be evident and the absence of law enforcers.
khosro momeni; hasan pourltfallah
Abstract
There are plenty of dissidences about the conflict of confessions’s decree. Law-giver has adopted quite a different stand to this problem in modern Islamic penal code in contrast with the former code and the jurisconsults’s dominant opinion. Because the jurisconsults’s dominant opinion ...
Read More
There are plenty of dissidences about the conflict of confessions’s decree. Law-giver has adopted quite a different stand to this problem in modern Islamic penal code in contrast with the former code and the jurisconsults’s dominant opinion. Because the jurisconsults’s dominant opinion is based on traditions that are encountered a serious doubts, we believe that it is difficult to admit it, too. But, in our opinion the modern law-giver’s stand can be criticized, too. Because we don’t have access to a valid traditional evidence, in our opinion when there are conflicting confessions and we don’t have certainty about collusion among who confess we should remove retaliation and blood money on who confess and permit to avenger of blood to refer to public treasury, and if we have certainty about collusion among who confess, we should decree that avenger of blood can refer to each of them accordance with his confession. Keywords: Confession, Conflict of confessions Murder, Paying the blood money from the public treasury
