asghar ahmadi; ghodratallah khosroshahi
Abstract
Green or ecological victimology is a branch of Green criminology which emerged with a critical origin of the criminal justice system to oppose the classic victimology in 1990s. While classic victimology considers human as victim, the green one, by going beyond this approach, holds that human ...
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Green or ecological victimology is a branch of Green criminology which emerged with a critical origin of the criminal justice system to oppose the classic victimology in 1990s. While classic victimology considers human as victim, the green one, by going beyond this approach, holds that human and nature and its components including water, air, soil, earth, trees, plants, animals, and certainly future generations could be green victims. As a result, there are two of philosophical and legal approaches which might be applied. The philosophical one which discusses intrinsic value asks if the environment could be recognized as a victim or not. There are two answers; being anthropocentric, nature is regarded as a human right, meaning that only human could be green victims. However, the nature-oriented approach puts human and nature in the same level and believes that nature could also be green victim. In addition to the philosophical approach, there is the legal approach which, apart from the philosophical point of view, identifies green victims by the means of law. This study attempts to identify the green victims and explain the range of legal protections for green victims and the challenges which are ahead.
Mustafa Meshkat
Abstract
Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. ...
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Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. Rather, it includes many of the risk behaviors that a pregnant woman during pregnancy can provide for the incidence of death, fetal illnesses, and fetal disorders. In this regard, the United States has, along with the relative ban on abortion, has provided suitable criminal protection against other abuse to the fetus, also known as the protection of unborn children. In addition to the federal area, this issue has been further targeted in some states like South Carolina. In this regard, the national criminal justice system, although in the Islamic Penal Code and Tacitus, has provided a supportive approach to violence against the fetus, but has not responded to the fetal neglect or failure. Therefore, in this study, the aim of this study is to provide a supportive strategy by analyzing and comparing the fetal abuse status in the criminal system of the United States and Iran.
Hasan Ali Moazen Zadehgan; Abbas Tadayon
Volume 2, Issue 6 , April 2014, , Pages 39-67
Abstract
One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions ...
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One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions and circumstances of ruling on internal attitudes allow. Iranianand French legislators have also passed some laws regarding the specialbiological and physical conditions of women in the light of differential policywhich shows leniency toward the female criminals. In general, in Iranianand French criminal procedure, some different laws pro women and forprotection of them have been passed. However, absence of special protectivelaws especially on phase of police investigation and at the presence ofinvestigation authorities is evident in aforementioned law systems. What isobserved from the special cases of gender discrimination in trial system ofIran about the positive evidences and execution of the criminal sentencescan be removed through the wise legislative criminal policy, evolution injurisprudence, taking advantages from existing capacities in opinions ofjurists, enactment of special provisions in homogenization and balancingbetween rights of women and men about the determination of blood moneyof religious minorities and Muslims, modification of compulsive insurancelaw of civil liability of motor vehicles owners about necessity of samepayment of blood money of woman, and revocation of quality ofaforementioned instances.
mohammad farajiha; jamshid gholamloo
Volume 3, Issue 11 , June 2015, , Pages 39-62
Abstract
The purpose of the criminal justice system is to deal with criminals by punishing them. However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the ...
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The purpose of the criminal justice system is to deal with criminals by punishing them. However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the unfair and inaccurate result of trail. Reopening trail, which is a mechanism that Iran's legal system, like many other countries, has predicted. However, some procedural restrictions such as laps of time, make problem to hear all claims of innocence. Actually, there will be innocent convicts who never will get the opportunity to prove his/her innocence. After conviction, criminal justice system assumes the conviction is completely true. Hence, it does not find itself responsible so much.Few countries, have special system includes commission and procedure to consider the claims of innocence. finally,the role of non-governmental organization and innocence movements in this connection is undeniable.
fateme ghanad; masuod akbari
Abstract
In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based ...
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In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based towards crimebased
in order to provide the security in a way that fundamental principles of
criminalization, criminal liability, and sentencing are changed and bears a
differential interpretations. Supposing the offenders as an enemy, it creates a
hostile-oriented criminal law and due to the globalization of crimes and gross
violation of national and international security, it seeks uttermost security.
Stressing on extreme slogans of providing security for citizens, it seems that
criminal policy has encountered a kind of crisis in the context of humanitarian
law and failed to achieve its goals. Whether the security-oriented criminal policy
can reach the goals in spite of the existence of serious challenges or not is a
matter of concern in this article.
mohammad hadi sadeghi; farzad tanhaee
Abstract
The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in ...
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The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in the general theory of crime and criminal responsibility has been challenged. In this article we have tried using legal sources and standards, while explaining the concept of the meaning of "freedom of choice", is distinguished it from other similar concepts and Unlike most concepts, the role of freewill and the decline in the wavering elements of crime be examined. The nature of freewill is an important issue that has received less attention in legal publications. Although the debate about the freewill and its role in human responsibility is as old as human life and to have multiple dimensions, in various sciences, including philosophy, theology, psychology, ethics and law is discussed.
Ebrahim ZARE
Abstract
The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment ...
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The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment for each crime and execution in cases where there are multiple crimes or not?Regarding the proportionality of punishment in various crimes,the criminals have relied on another principle called"overall proportionality"to determine the punishment commensurate with those crimes,which is based on mitigation.Otherwise,we will face an increase in the impunity of punishments.In some cases,the offender is deprived of major part of life and in some cases;people are destroyed as a result of criminal sanctions or it imposes a punishment that is equivalent to the punishment of severe and serious crimes.Although this principle is supported by intuitive attractions,it will need philosophical convincing justifications.Retributivists who believe in the principle of equal punishment for equal crimes must now provide evidence in order to justify bulk discount in the punishment of multiple offences.The idea of overall proportionality,which is based on the qualitative measurement of harm rather than a quantitative and numerical model,can be a good basis for determining punishment of multiple offences.
Abudreza Javan Jafari; Farhad Shahide
Volume 2, Issue 7 , July 2014, , Pages 41-71
Abstract
AbstractFrom the primary (scientific) victimology point of view some people -due tothe special charm- are attractive for delinquents who are considered aspotential victims in the criminology. Hence, the victim can be appropriateelement in pre criminal situations. Seductive and provocative behaviors ...
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AbstractFrom the primary (scientific) victimology point of view some people -due tothe special charm- are attractive for delinquents who are considered aspotential victims in the criminology. Hence, the victim can be appropriateelement in pre criminal situations. Seductive and provocative behaviors andwomen’s carelessness may provide a proper context to make them victim ofsexual assault. Furthermore, as the target of the crime, they have a decisiverole; in addition, their physical characteristics, social status and theirrelationship with delinquents have considerable role in their victimization.Therefore, it can be argued that women occasionally are not merely passivetargets of crime, but also sometimes they are cause of their victimization.This article sought to examine whether women can be blamed in sexualcrimes?
kiomars kalantari; FARSHAD SHIRZADI FAR
Volume 3, Issue 10 , April 2015, , Pages 41-63
Abstract
Abstract Credit of foreign court sentences means a sentence issued by foreign courts including (international and domestic courts of countries) against public crimes with the credit of universal jurisdiction based on the positive conflict of jurisdiction whether according to conviction or acquittal. ...
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Abstract Credit of foreign court sentences means a sentence issued by foreign courts including (international and domestic courts of countries) against public crimes with the credit of universal jurisdiction based on the positive conflict of jurisdiction whether according to conviction or acquittal. If universal jurisdiction is concerned about a crime, even though that crime have a punishment (Moharebeh or corruption on earth), our country`s courts do not have the right to address the issue again. However, when an Iranian who has committed a universal crime while was investigated and punished by a foreign court, if this person is found in Iran, with respect to personal jurisdiction, Iranian courts can investigate him. Also, a person with a universal crime can escape punishment by relying on his ignorance of some crimes or his ignorance of the subject. It seems that, in the case of acceptance of non-validity of Iranian's courts about universal jurisdiction if the committed crime has been subject to punishment and the person has withstood the sentence outside Iran, and that sentence is not compatible with Shriah concepts such as lack of forgetting punishments, but with respect to international interest, this problem can be solved by depending on alternative sentences.
Nabiollah Gholami
Abstract
Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the ...
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Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the national and international level. The criminalization of such deed in the statute of International Criminal Court (1998) as one of the examples of war crimes is an indicator of the depth of concern of international community about the given crime. Convention against taking a hostage (1979), as the most important document tailored for this crime, has obliged the member countries to impose criminal sanctions for the perpetrators of this crime. According to the Iranian legal system, in spite of the adoption of this Convention in the Parliament, certain criminal sanctions for the perpetrators of this crime have not been established. Hence, in the cases of committing this crime, there is not a same procedure in order to determine the punishment for its perpetrators. In this paper, reviewing the Convention and other international documents and related provisions in Iran, determining the constitutive elements of this crime, the penalties applicable in the case have been investigated.
Abstract
Emersion of industrial revolution in 19th century A.D, besides economic evolutions of advanced societies, has been accompanied with change or amendment of some current institutes and notions of criminal law. Among these fundamental changes is this fact that about new crimes due to mechanized life, there ...
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Emersion of industrial revolution in 19th century A.D, besides economic evolutions of advanced societies, has been accompanied with change or amendment of some current institutes and notions of criminal law. Among these fundamental changes is this fact that about new crimes due to mechanized life, there is no need to mental element attaining ( subjective interaction), but standard individual behavior is evaluated regardless of delinquent personal features. This theory called typical fault. This paper seeks to examine this issue in criminology perspective and to analyze selection of standard behavior pattern by focusing on theoretical approach of rational selection and through this criminological realization, express the impact of fault basis change in preventing from unintentional crimes incidence or reduction of its severity along with providing its limitations.aaaa preventing from unintentional crimes incidence or reduction of its severity along with providing its limitations.reventing from unintentional crimes incidence or unintentional crimes incidence or
mohammad faraji; Behzad Razavifard
Abstract
Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational ...
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Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational criminal behavior being committed in a given region, their causes and solution would be a noticeable subject with decisive national and regional strategic implications. To this end, This article firstly conceptualizes regional crime and doing so explains characteristics of this crime through fluidity of the criminals and the pandemic criminal activities, and thus analyzes regional crimes with a etiologic and solution-finding point of view. This analysis with considering factors that exacerbate the aforementioned characteristics defines political, economic, social and penal models indicating structure of opportunity, constraint, and thus unbalanced control. Therefore, application of preventive strategies and reinforcement of transnational/regional penal capacity, with reduction of opportunity and increase in constraint, would result in control balance.
Code of Criminal Procedure
MohammadMahdi Saghian; Alireza Noorian
Abstract
Constitutionalisation means entering the legal rule into a group of fundamental rules that the government is obliged to support and implement. In fact, Constitutionalisation is a process of change and transformation that occurs due to the influence of basic norms in different trends of law and it may ...
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Constitutionalisation means entering the legal rule into a group of fundamental rules that the government is obliged to support and implement. In fact, Constitutionalisation is a process of change and transformation that occurs due to the influence of basic norms in different trends of law and it may be as a result of imbuing the set of legal order with these norms. In Iran, some articles of the Criminal Procedure Law approved in 2013 are in conflict with some of the principles of Constitutional law that are related to the Procedure. Based on this, it seems necessary to analyze the existing conflicts and examine the possibility of the criminal judge for referring to the constitutional law and not implementing the legal articles that are in conflict with the constitutional principles. The Constitutionalisation of criminal Procedure gives judges the possibility to refer to the constitutional law in the face of conflicting laws. In addition, it will be possible to invalidate the proceedings and decisions by the higher judicial authorities based on the contradiction of the ordinary law with the constitutional law. One of the tools to achieve this goal is redefining the principles related to criminal Procedure. Redefinition with using Constitutionalisation tool give the possibility to the criminal judges to reach the mentioned results after knowing those principles that govern the criminal Procedure.
General and exclusive criminal law
Hossein Mirmohammad Sadeghi; Nastaran Aghaee; Mohammad javad Darvishzadeh
Abstract
Under Article 136 of the Islamic Penal Code (approved in 2012), the legislator has outlined the sentence of repetition in Hadd crimes. In accordance with this article, the punishment for committing a Hadd offense for the fourth time is death. However, neither the text of the law nor the legal doctrine ...
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Under Article 136 of the Islamic Penal Code (approved in 2012), the legislator has outlined the sentence of repetition in Hadd crimes. In accordance with this article, the punishment for committing a Hadd offense for the fourth time is death. However, neither the text of the law nor the legal doctrine addresses the case in which there is a mistake in counting the number of times the Hadd is applied. As an example, in the event that the perpetrator is punished four times with the same Hadd punishment, the death sentence can be imposed on them the fifth time, in accordance with Article 136.The present study is intended to answer the following question: "What is the effect of making a mistake in counting the repetitions of the Hadd punishment?" There are many examples of making a mistake in counting the number of times the Hadd punishment has been enforced, and it is possible to approximate more or less the number of repetitions, even though a number of examples are provided in the jurisprudence in this case.It is possible to consider three hypotheses in relation to the impact of the mistake on the punishment for repeating the Hadd: 1) The absolute absence of the consequence of the mistake in counting how many times the Hadd is executed, and the allowance of executing the death sentence in subsequent rounds. 2) The relative impact of the mistake, in such a way that if the perpetrator is responsible for the mistake, the mistake is not effective in counting the number of times the sentence is executed, and if the perpetrator is not the person responsible for the mistake, the fulfillment of the mistake will result in the exemption from the death sentence. 3) The absolute effect of the mistake and the prohibition of executing the death sentence in future rounds.In the present research, firstly, various cases in which a mistake was found in counting the number of repetitions were examined, then the three hypotheses mentioned were assessed based on the examples mentioned, and finally, the hypothesis of the absolute effect of the mistake in the number of repetitions, which caused the punishment prescribed in Article 136 to be extinguished is favored.
Bagher Shamloo; Mahdi Kazemi Jouybari
Abstract
Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization ...
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Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization and prevention). In the light of the foregoing, we attempt to
discuss the concept of the crime in the framework of two distinct paradigms
of modernism and postmodernism. That said, we argue that while the
modernist reading conceives the crime with the presumption of the objective
nature or inherent meaning, the postmodernist reading, on the contrary,
replaces this presumption with the subjective nature or acquired meaning. In
order to develop this thesis, the ideas of postmodernism will first be
introduced. Subsequently, a critique of the modernist view of the crime will
be offered. Eventually, a new definition of the crime from the perspective of
the constitutive criminology will be provided. Despite the above-said
importance, this analysis of the meaning of the crime has never been touched
upon in the Persian literature of criminology.
Hasan Moradi; Ali Shahbazi
Abstract
One of the main constituents of murder is mens rea or mental element. Actually, the difference of murder and involuntary manslaughter is mens rea which has different components including general ill will (intention of behavior or the purpose of action) and particular ill will (intention of the result ...
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One of the main constituents of murder is mens rea or mental element. Actually, the difference of murder and involuntary manslaughter is mens rea which has different components including general ill will (intention of behavior or the purpose of action) and particular ill will (intention of the result or purpose of the result). The current paper, in addition to explaining mens rea of murder, analyzes the knowledge and volition as the first and the most important components of mens rea and also the status and role these two components. This paper concludes that although the Islamic Penal Code (2012) comparing with former codes has innovation, has still some failures. Hence, there are some issues which shall be rethought about them including: murder by omission, attention to leaving an action in murdering, affirmation of the action purpose done on victim as the authentication of intention in crime, voluntarily behavior in murder and also making difference between first degree murder (premeditated killing) and second degree murder (non-premeditated killing).
behrouz beygizadeh; hassanali moazenzadegan; Gholam Hassan Kooshki
Abstract
As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering ...
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As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering the crimes of legal entities and their crimes, in this research, the foundations and distinctive features of the criminal procedure of criminal offenses of legal persons are examined in the preliminary stage of the preliminary investigation. According to the descriptive-analytical method, the differentiation of the prosecution system into the credibility of the personality of the perpetrator, the specific characteristics of the legal person and the impossibility of the implementation of some rules and rules of procedure regarding them, which inevitably requires the legislator to adopt a special code for The prosecution of the crimes of the abovementioned persons has stipulated that, in practice, it is not possible to attract legal persons, and if there is sufficient reason to charge the charges to legal persons, a legal person is warned to introduce his lawyer or lawyer to explain the charge, and in The reason is sufficient reason to charge a person with legal rights.
MEHDI MUSAZADEH KOFI; alihosein najafiabrandabadi; bagher shamloo; firoz mahmodi janaki
Abstract
AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and ...
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AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and moral, social, and cultural norms of society. In modern governments based on wisdom, the principle of preserving the natural rights of humans and freedom has been established on reason. Citizens have the right to protest against it when governments fail to do their duty in protecting citizens’ freedoms. The principle of the right of states to punish, the basis and its principled structure and its effects, are the questions of the present study which has been carried out in descriptive-analytic mode. The right of citizens to rehabilitation and justice desert, as well as the rights of citizens to civil disobedience, and the right not to be punished are the results of the application of the rational-based right to punishment. The consequences of rational punishment are the mitigation and humanization of punishment and providing reasonable benefits to victims, criminals, and citizens.
alireza roostayie; alireza arashpur
Abstract
For decades from now, the Rohingya ethnic minority has endured grave human rights violations in North Arakan State’s of Myanmar. Hundreds of thousands have fled across the border to Bangladesh towards harsh conditions of life.This paper indicates that it can be said with any degree of certainty ...
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For decades from now, the Rohingya ethnic minority has endured grave human rights violations in North Arakan State’s of Myanmar. Hundreds of thousands have fled across the border to Bangladesh towards harsh conditions of life.This paper indicates that it can be said with any degree of certainty that the intent behind such actions is to ethnically cleanse North Arakan State.Ethnic-cleansing means “rendering an area ethnically homogenous by using force or intimidation to remove persons of given groups from the area”. According to international criminal law, the concept of ethnic cleansing on the one hand with crimes against humanity (deportation and forcible transfer) and on the other hand is associated with genocide. However, the growing body of evidence on killing and violence against RohingyaMuslims in Rakhine State demonstrates that this ethnic-cleansing is more than simply the removal of the Rohingya from the land, but is part of a deliberate process of destruction of the Rohingya people and commissionof genocide against them.
Hamid Rahimi; Rahim Nobahar
Abstract
Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed ...
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Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime.
Criminal law and criminology
Amin Jafari; Ali Molabeigi
Abstract
: Statement of the problem: since children and teenagers can be the audience of the legislator, they have the possibility of entering the field of criminal law regarding delinquency, and in terms of special physical and emotional conditions; They are exposed to all kinds of injuries, especially ...
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: Statement of the problem: since children and teenagers can be the audience of the legislator, they have the possibility of entering the field of criminal law regarding delinquency, and in terms of special physical and emotional conditions; They are exposed to all kinds of injuries, especially physical, sexual and mental. Regardless of the mentioned conditions, some children and teenagers are more exposed to delinquency and victimization due to dangerous situations, and if these conditions are not resolved, they will fall into the trap of delinquency or victimization in the near future. This category is referred to as "children at risk" in the criminal law of children and teenagers, Since children and teenagers can be the audience of the legislator, they have the possibility to enter the field of criminal law regarding delinquency. They are in terms of special physical and emotional conditions; They are exposed to all kinds of victimizations, especially physical, sexual and mental.Regardless of the mentioned conditions, some children and teenagers are more exposed to delinquency and victimization due to dangerous situations, and if these conditions are not resolved, they will fall into the trap of delinquency or victimization in the near future. This category is referred to as "children at risk" in the criminal law of children and teenagers.In the meantime, growth-oriented prevention is one of the sub-branches of social prevention, with a little tolerance and a more general look focused on the types of children mentioned above. This type of prevention, with its intervention, on the one hand, prevents children from delinquency and victimization, and on the other hand, it prevents delinquency from becoming chronic and the continuation of victimization in them. One of these intervention programs, considering the capacity of Iranian stories in the field of growth-oriented prevention, can be "story therapy" or "story-based programs", in order to prevent the formation and continuation of delinquency and victimization of children and adolescents.In this way, the upcoming article aims to examine the most important stories in the book of ancient Iranian legends, written by Fazlollah Mohtadi "Sobhi", and clarify their capabilities and functions in the field of prevention. Also, following the investigation of the level of attention of Iranian policymakers to this capability in the field of prevention, it will also pay attention.Method: The approach and method used in this article is based on the "content analysis" method. The meaning of this method in the field of human sciences is to know the relationship between the sentences and to look at the whole text in order to know the main messages hidden in it. In other words, in this method, their hidden and underlying meanings can be understood from the appearance of the words in the writings.Conclusions and findings: The findings of the present research show the high capacity of Iranian stories to be used in the field of preventing children and teenagers from delinquency and victimization, because children have long been the main audience of legends and stories. By indirectly responding to children's needs and questions and making their imagination fertile, stories are known as the main source of teaching the most important human, moral, social, legal, cultural, etc. points for children and teenagers.If stories are used correctly, children and teenagers can be taught many tips to prevent delinquency and victimization. In this case, both during childhood and adulthood, stories have a preventive function. Such an issue shows itself in the field of delinquency by focusing on teaching social values and beliefs, recognizing needs and managing them, and empowering individuals and society through stories.In the field of victimization, stories can increase general and specific awareness and teach effective skills in their audience, and thus be effective in preventing victimization. Despite such wide capabilities in the field of action, educational actors such as education and the center for intellectual development of children and adolescents and culture-creating actors such as radio and television have neglected this issue and limited the implemented programs, and the only creative approach of some people is showing. Therefore, the lack of proper attention of the policy makers of the Islamic Republic of Iran to this preventive capacity in the field of action in an organized and scientific manner deserves serious criticism.Authors Contributions: Dr. Amin Jafari, as the first author, designed the general framework and ideation for the purpose of writing and revising the article, and Ali Moulabigi, as the responsible author, collected the content, analyzed the content, submitted and edited the research. The results and findings of the recent research have been discussed by the authors and the final version is approved by both authors.Acknowledgments: The authors would like to express their gratitude to all those who helped to improve this idea during the writing and editing of the article.Conflict of interest: In this study, no conflict of interest was reported by the authors.Funding: This research has not received any financial support from governmental or non-governmental organizations for the purpose of implementing the project.
Islamic jurisprudence
حسین khodayar
Abstract
According to common jurisprudence punishments are based on a dichotomous system, they are either hadd or tazir. This dichotomy of punishment is not based on text even though there is no text about this. Rather, this is due to a kind of trap that jurists have obtained from the collection of texts in the ...
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According to common jurisprudence punishments are based on a dichotomous system, they are either hadd or tazir. This dichotomy of punishment is not based on text even though there is no text about this. Rather, this is due to a kind of trap that jurists have obtained from the collection of texts in the field of punishment. The dichotomy of the penal system has caused all the punishments mentioned in the hadiths to be added to the list of hudud or punishments based on common assumptions, regardless of whether or not they have been assigned limits or punishments. In this way, in many cases, the limit of punishment is determined without any textual evidence, only with common jurisprudential concepts and considering the characteristics of that punishment. This, in turn, has been the source of many disputes about the nature of punishments; however, naturally, the ideas of jurists about the characteristics of punishments are not the same in all cases. The emergence of punishments with the title of "prescriptive punishments", which, by assumption, have similarities to the limits and punishments, is a testimony to the differences caused by the differences in the presuppositions of the jurists about the types, nature and characteristics of punishments. On the other hand, the inclusion of ambiguous punishments, which are not defined in the texts, to the list of rules and punishments, has led the jurists to a dead end in some cases. Considering the punishments of deprivation of life, life imprisonment, amputation, shaving of the head and even fines as a hadd, without the fact that there is a limit to them in the hadiths, has in some cases made it difficult for the jurists to understand the nature of the causes of these punishments. This exclusionary and inferential idea, that in particular, the death punishments o, life imprisonment, and amputation of limbs are hududd in nature and are not used as punishment in any case, has caused contradictions in some cases. For example, in the hadiths, the punishment for the crime of apostasy is death although there is no hadd for this crime. The majority of jurists, based on the aforementioned premise, consider this punishment to be a had. In the meantime, a famous jurist such as Mohaghegh Hali clearly places the crime of apostasy among the crimes subject to tazir. Then this contradiction comes to surface, is it possible that a deterministic punishment such as death is taziri? Considering the use of hadd and tazir in the Holy Qur'an and hadiths, it shows that by taking into account the usage of hadd and tazir, and based on ijtihad and methodical inference, in contrast to the idea of "dichotomous punishment in Islam", the idea of "multiplicity of punishment in Islam" can be proposed, and thus, it is removed from the list of problems and prohibitions of the Islamic penal system.
Hamed Rahmanian; mohamad jafar Habibzadeh
Volume 2, Issue 5 , February 2014, , Pages 47-71
Abstract
One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting ...
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One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting to penal instruments; we can call them penal instrumentalism. Inthis essay we are seeking for conceptualization and representation someindicators for recognizing it between a set of measures of criminal policy.For this purpose, after making a clear boundary between this concept withother similar concepts such as populism, consequentialism, utilitarianism,and pragmatism, we have divided the indicators of an instrument-basedcriminal policy into objective and subjective categories. The first, is involvedin resorting to criminal matters as the most accessible instruments,ignorance of the evident legal principles, and the evident moral principles.The latter, is involved in intending to achieve a goal, interests or a practicalgood, and finally resorting to a quick and easy resolution or relief.
ESMAEIL SHAYEGAN; MOHAMMAD ASHOURI
Abstract
The legal system of compensation for damage caused by the arrest of the accused innocent; Research in comparative law and Iranian law. Abstract: In the new Criminal Procedure Act government's responsibility is accepted for damage caused by the arrest of the accused innocent, whether the judge or other ...
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The legal system of compensation for damage caused by the arrest of the accused innocent; Research in comparative law and Iranian law. Abstract: In the new Criminal Procedure Act government's responsibility is accepted for damage caused by the arrest of the accused innocent, whether the judge or other person is responsible for the fault or error. By law In addition to identifying the "right" injured, in a claim for damages suffered due to temporary detention, Special procedure has predicted in order to implement this right. This legislative measures can be interpreted a step towards the realization of a fair trial and respect for the presumption of innocence (Article 37 of the constitution of the Islamic Republic of Iran).This Anticipated legal system in the new Criminal Procedure put government as a barrier between the injured party and the offender judge. Accordingly, innocent accused demands the damage caused by the temporary detention from government and the government can refer to the blamable judge after the compensation under the circumstances.
mohammad ali talebi ashtiani; Ahmad Bagheri
Abstract
From the basic and controversial issues of Ta'zir, the issue is the amount of ta'zir. An issue with two completely opposite approaches. In the first approach, some jurisprudents have expressed different opinions, sometimes incommensurable, about the amount of ta'zir, with the sole emphasis on the terms ...
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From the basic and controversial issues of Ta'zir, the issue is the amount of ta'zir. An issue with two completely opposite approaches. In the first approach, some jurisprudents have expressed different opinions, sometimes incommensurable, about the amount of ta'zir, with the sole emphasis on the terms of some narratives or following their previous jurisprudents, which makes it impossible to obtain a single theory. In the second approach, other jurists, according to other narratives, as well as the phrases of the narrations of the ta'zir, have given the theory, without specifying the amount for ta'zir, that the ta'zir is indeterminate and entirely in the hands of the Imam or the ruler, so as to determine the amount of expediency. In this paper, with full text in all jurisprudential books, all theories of early to contemporary jurisprudents are collected, categorized and criticized. By examining theories of the first approach and the implications for them, the second approach is due to the acceptance of the arguments mentioned, discretion and explanation.
