Soodabeh Rezvani; Azam Mahdavipoor; Erfan Khorrami Eraghi
Abstract
Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes ...
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Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes stopping the execution of the penalty or commutation of sentence. in islamic penal code ratified in 2013,this mechanism is set out in article 120 and 121 but there is no defintion for suspicion and only adresses its examples. after conceptual analysis of the suspicion mode, the basic issue of the writer`s perspective is: which of the effects of suspicion should be applied and what strategies should take in this mode that in addition to accordance with the Shari'a doctrines, ultimately, the damage caused by the functional imbalance in the judical system is reduced. after analyzing the functions in different situations, the result of this research is the recognition of direct interaction between suspicion and functional requirements, such as the princople of individual punishment and targeted attitude toward punishments.
Leila Nemati; Raheleh Seyed Morteza Hosseiny; Azam Mahdavipour
Abstract
The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist ...
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The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist crimes. The present article by using descriptive-documentary research method seeks to answer the question that, in order to prevent the harmful risks of terrorism in the precrime stage, what Anticipatory measures have been presented in legal systems? Findings of this research demonstrate that today Anticipatory approaches to containment terrorism have a special station in legal systems. legislative systems by adopting Anticipatory mechanisms before the occurrence of terrorist threats, Have the future-based approach Against this dangerous phenomenon. The most important Anticipatory strategies to control terrorism to include the limitation or prohibition of ownership, financial transparency and prevention of terror financing, communication, training and employment restrictions, residence and monitoring obligations , control on travelling and inspect places. Safeguards for Anticipatory measures in the face of terrorism include administrative measures, Control orders and arrest.
Najmeh Shahrani karani
Abstract
In line with much criticism that the punishment of imprisonment and reduce damages from this form of punishment, alternatives if imprisonment in different ages and under influence of ideas of different schools came into being and developed. In this article, it is discussed about alternatives to imprisonment ...
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In line with much criticism that the punishment of imprisonment and reduce damages from this form of punishment, alternatives if imprisonment in different ages and under influence of ideas of different schools came into being and developed. In this article, it is discussed about alternatives to imprisonment The sample for this study, female prisoners three provinces of Zanjan, Qom and Markazi provinces in which a total of 130 people have shown, these people were either convicted or accused the verdict was known. Because the sample was limited to prisoners of HmhY questionnaire has been prepared. Then, using the F-test, correlation analysis and surveys variables affecting the use of alternatives to detention is discussed. The results show that 60 percent of prisoners use of alternatives to incarceration highly effective in reducing the harmful effects of proportions cite imprisonment, while NKh between the use of alternatives to the kind of mass incarceration of prisoners, and the gap SabqhDary to return there again. While there is no relationship between these variables with level of education.