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 ...
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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.
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, ...
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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
Zahra Farhadi Alashti; Abdolreza JavanJafari Bojnordi; Mahdi Seidzadeh Sani
Abstract
This study places itself within the scope of cultural criminology approach, a multidisciplinary research field that explores crime and reactions to its control from an anarchist view. Cultural criminology places the issues of meaning in the hearts of its studies. Cultural criminologists propose that ...
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This study places itself within the scope of cultural criminology approach, a multidisciplinary research field that explores crime and reactions to its control from an anarchist view. Cultural criminology places the issues of meaning in the hearts of its studies. Cultural criminologists propose that both crime and its control operate as cultural processes. In this theoretical approach, crime and its control are conceptualized as creative cultural products which are changing in the dynamics of social interactions. It examines how the meaning of crime and its control is continuously constructed in the nonlinear cultural, criminal, and crime control processes. It focuses on the convergence of criminal subcultures, control agents and media processes. For cultural criminologists, the media-based images of crime are one of the main sources of mediated constructions of meaning. They emphasize the centrality of media representations in the construction of crime. In this regard, it chooses an interdisciplinary approach with sociological criminology, cultural studies and media Criminology.This study sought to analyze the media-constructed lived experience of Iranian hackers by using the theoretical approach of cultural criminology. Cultural criminologists draw attention, particularly mainstream variants of criminology, to the fact that the crime control agencies are not the only creators of the meaning of crime and its control. Proposing the idea of commodification and hall of mirrors, they argue that the media representations of criminals and criminal events become a tool for creating the meaning of crime. These images create and consume by criminals, criminal subcultures and control agents. In today's highly controlled world which subcultures become marginalized, media representations become significant, exceptional sources for creating deviant subcultural reality. These images are continuously recycling and reproducing by control agents and subcultures and even other media images. Hence, we are being surrounded in a world in which saturated by different, nonhomogeneous images of crime and its control.This research is accomplished via anarchist methodology of cultural criminology. To this end, we have used the ethnographic content analysis (ECA) developed by David Altheide (1980s) and virtual ethnography of hacker subculture. Due to the qualitative nature of the research, the Blue Whale television series were analyzed by using the purposive sampling method. Researches conducted in this area must focus not only on the everyday media images, but also on the complex set of reciprocal and interdependent subcultural relationships which together constitute the dynamic meaning of crime. In this regard, in the subcultural studies section, fifty-four in-depth, semi-structured interviews were conducted with hackers during the six months, and their behaviors were simply observed. All data were coded and analyzed using MAXQDA software.Our findings indicated that the meaning of the hacking is also created through the consumption of media products. Entertainment media can represent the real dimensions of criminal subcultures in the form of attractive media products. In many ways, Blue Whale blend the real-life and movie created footage and blurs the lines between reality and fantasy. The hacker represents a personality similar to many young people, which can evoke audience emotion. According to our virtual ethnography research, some hackers are students or graduates of various fields, especially computers, who suffer from economic problems like the character of the hacker shown in this series. They are humiliated by powerful adults and at the same time, have a creative mind. The fictional hacker of this film, like many hackers in the real world, feels prosperous and empowered by taking risks as part of edgework activities. The combination of skill, creative impulsive behavior, and economic problems lead the hacker to greater ambitions in the criminal profession, and finally, the metaphorical incident of the death of the whale occurs. Moreover, the Blue Whale provides information about the lesser-known dimensions of criminal edge workers that the criminal justice system seeks to distort to prevent delinquency. It also found that by representing parts of the realities of hackers' lived experiences and looping back to the content and form of previous media loops, the series screening a dystopia that provides the possibility of transcending established norms and rules of the life for the offender and the audience.
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 ...
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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
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 ...
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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.
Criminal law and criminology
Fereydoun Hosseini Nejad Braguri; Mohammad Reza Nazarinejad; Mojtaba Janipour
Abstract
The daily fine is one of the new alternatives to imprisonment stipulated in the Islamic Penal Code 92, the amount of which is determined by the court according to the severity and importance of the crime on the one hand and the amount of daily income of the offender on the other. Anticipating daily fines ...
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The daily fine is one of the new alternatives to imprisonment stipulated in the Islamic Penal Code 92, the amount of which is determined by the court according to the severity and importance of the crime on the one hand and the amount of daily income of the offender on the other. Anticipating daily fines and considering the convicted person's financial situation is a new step towards individualizing punishments. Although this system has been criticized, it is one of the positive aspects of today's criminal policy. However, the more effective and practical implementation of this system depends to a large extent on the actual income of the convicts. For this alternative to work well, the courts must have the right way to measure the income of convicts. On the other hand, due to the increase in the workload of the courts due to the review of the financial situation of the convicts, along with the consideration of the criminal case and the delay of the trial, most judges are not interested in it. Therefore, in order to properly use the capacity of this alternative and make it more efficient, it is necessary for the legislator to provide the judge with a specific mechanism for identifying the income of convicts and to determine the duties of executive bodies that have any knowledge of income and rights of convicts. The need to be obliged to cooperate. However, the research findings indicate that this alternative is applicable first to people who have the minimum income and financial ability to pay a fine. Therefore, for the disabled and without a specific income, another suitable alternative must be determined. Second, if the amount of the fine is determined in proportion to the income of individuals, due to the unfavorable economic situation, most of the convicts can be successful.
Criminal law and criminology
ALI RAFIEI; Bakhtiyar Abbaslo; Eesa Amini
Abstract
The right to observe and respect private life is considered one of the fundamental freedoms, which is one of the concepts of developed legal systems and is closely related to human dignity. Advances in social life have changed the dimensions of privacy. These new dimensions should also be supported, ...
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The right to observe and respect private life is considered one of the fundamental freedoms, which is one of the concepts of developed legal systems and is closely related to human dignity. Advances in social life have changed the dimensions of privacy. These new dimensions should also be supported, but it does not mean the absolute prohibition of privacy violations, the Iranian legislator takes steps to protect this privacy by determining the limits of the government's powers and taking into account individual rights and freedoms, the interest of society and public order. . Opinions issued by international courts and leading countries, especially Canada, regarding privacy, which are basically based on the rules and arguments of human rights, can be considered as a model of national legislation in the protection of privacy. The laws of the two countries are inferred to respect and prohibit entry into privacy, except in cases where social interests and public order require it, in which case it is possible by following special formalities
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.
Criminal law and criminology
Mehri Barzegar
Abstract
Introduction: Combating against Money Laundering and Financing of Terrorism requires access to financial information. Therefore, The Financial Intelligence Units (FIUs) as the center of receiving, analyzing and disseminating financial data have a key role in prediction of the patterns of these criminal ...
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Introduction: Combating against Money Laundering and Financing of Terrorism requires access to financial information. Therefore, The Financial Intelligence Units (FIUs) as the center of receiving, analyzing and disseminating financial data have a key role in prediction of the patterns of these criminal offences and thereof prevention before their integration in legitimate earnings. Establishment of the units were initially provided in the Article 7.1.B of the United Nations Convention against Organized Crime (the so-called Palermo Convention) and the Articles 41.1.B and 58 of United Nations Convention against Corruption (the so-called Mérida Convention) and then was elaborately provided in FATF recommendations. In Iran, the unit was established according to the repeated Article 7 of the Anti-Money Laundering Amendment Act enacted in 1397. The FIUs should be autonomous, independent and national, and comply with the principles of information security and confidentiality once disseminating them. Methodology: This research is accomplished via descriptive-analytical approach. Comparing the FIU in the domestic law and the World Back and FATF recommendation, it seeks to analyze the role of FIUS in predicting and preventing Money Laundering and Financing of Terrorism.Results and Discussion: The results indicate the significant role of the FUIS in predicting and preventing Money Laundering and Financing of Terrorism. In Prediction phase, after receiving information the unit conducts operational and strategical analyses on it (Interpretive Note to the Recommendation 29 of the FATF). The operational analysis is applies for prevention in micro-level whilst the strategical analysis is employed in macro-level in order to recognize the patterns and predict them. Without distinction between the two types of analyses, the Anti-Money Laundering Act has elaborated the task in the repeated Article 7-a. The requirement of issuing the National Deed of Risk Assessment by the unit is another step towards prediction of the two aforementioned crimes. The function of the unit is also considerable in preventing these crimes in different levels and types. At the first level, prevention is accomplished by drafting guidelines, which has been mentioned in the repeated Article 7.f and 7.g. The second level of prevention includes supervision on high-risk persons, regions and transactions. This task is conducted by the FIU as well. At the third level, the role of the unit manifests in cooperation with the judiciary and closer monitoring of the designated nationals. The role of the FIU can be perused in both situational and social prevention as well. In situational prevention, measures that seek to mitigate the risk or manage it, further actions on the Suspicious Transaction Reports (STRs), issuing blocking orders on property and so on are all instances of such preventive tools that the unit conducts either directly or indirectly. The reason behind the substantial role of the FIU in situational prevention lies behind its access to facilities of risk assessment. In social prevention, providing counsel to specific persons in the form of communication of guidelines (the repeated Article 7.e), provision of educational programs on detrimental consequences of these criminal offenses (the repeated Article 7.h) all are social preventive tools and suggest that the perspective the of legislator has been vaster to merely confine to situational preventive tools.Conclusions: AML/CFT policies require vast cooperation between countries and immense sharing of financial data. However, Iran confronts two challenges of joining Egmont Group and international transparency in reaching this goal. Interpretive Note to the Recommendation 29 of the FATF has bound countries to join Egmont Group. Nonetheless, Iran has not succeeded in joining Egmont yet and its collaboration with other countries on data dissemination are limited to bilateral agreements. Indeed, the challenge of disseminating international data on money laundering lies behind disseminating data on sanctions. That is, some transactions of Iran with other countries is carried out via indirect methods that might be considered suspicious transaction. Also, the challenge of disseminating data on financing of terrorism returns to the Articles 154, 14.16 and 11 of the Constitution of the IRI. However, collaboration might benefit all parties. The Traditional approach of Iran towards international data disseminating would largely limit the potential of using the novel methods of cooperation and data sharing in favor of Iran. Transparency in national and international arena consists the other challenge for Iran in dissemination of data. Therefore, provision of a general reservation such as non-dissemination of data related to sanctions would largely undermine transparency.Although Iran has been successful in the field of legislative policy in recent years and most of its provisions on FIUs are in accordance with the Palermo and Mérida Conventions and guidelines and recommendations of the World Bank and FATF, it is still considered as the highest risk country on Money Laundering and following the non-compliance with the FATF recommendations, is one of the two countries in the black-list. The influence of political affairs is surely undeniable. Yet the current interaction of Iran with the international society is more divergent than convergent. Non-compliance with the FATF recommendation, non-dissemination of data and opacity all aggravate such divergent and ultimately combating against Money Laundering and Financing of Terrorism would get more difficult, resulting in long-term harms on economics of Iran.
Criminal law and criminology
Siamak Jafarzadeh; Reza Nikkhah sarnaghi; Hamid Alizadeh
Abstract
The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and ...
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The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and addressing the growing number of individuals in the criminal population. These factors have given rise to the de-incarceration movement, which has gained strength in response to the disadvantages of imprisonment; mainly its effects after individuals are released from prison. Thus, the use of alternatives to imprisonment has been embraced in the Islamic Criminal Law approved in 2013, where its scope, types, and formal rules were outlined in the Criminal Procedure Law of the same year. Subsequently, sub-legislative measures were formulated and communicated to the judicial authorities to implement this punishment.Nevertheless, the success of the de-incarceration movement in reducing the number of incarcerated individuals and addressing issues such as the severity of punishment has been a significant obstacle to the release of prisoners. In response to this problem, the de-incarceration movement approved the law on reducing prison sentences in 2020. Since enacting such substantive laws can have a crucial impact on issues raised in criminal proceedings, the effect of their approval in the judicial process cannot be ignored.This article has been written descriptively to study the significant changes this law has brought to the preliminary investigation process. The effectiveness of this law in achieving criminal security orders for the accused, in line with the principle of proportionality and the principle of criminal law as the last and least resort, remains ambiguous. In this regard, the question arises as to whether the principle of criminal law as the last and least resort should be incorporated in obtaining the order of criminal security or not. Furthermore, considering the development of forgivable crimes, which indicates a move towards the privatization of criminal justice, the issue arises as follows: According to Article 106 of the Islamic Penal Code, in the case of forgivable crimes, the victim has the right to file a complaint within one year from the date of crime notification. Therefore, after one year, the victim's right will expire. Given the wide range of crimes categorized as forgivable crimes in the law on reducing the punishment of imprisonment, in a situation where the victim has not yet filed a complaint due to the crime being non-forgivable, the question arises as to whether the judge should issue a suspension of prosecution according to Article 11 of the Islamic Criminal Law or consider the plaintiff's acquired rights and allow the continuation of the prosecution process.Determining the jurisdiction of judicial authorities or institutes is another challenge this law presents. For instance, in cases of criminal damage, the property's value plays a role in determining the authorities' jurisdiction. This means that when the property damage is up to ten million Rials, according to Article 9 of the Conflict Resolution Counsel Act, it falls within the jurisdiction of the Council. If the damage exceeds ten million Rials but is less than twenty million Rials, it directly falls under the jurisdiction of the Criminal Court. If the damage is less than 100 million Rials, the prosecutor's office has the authority over the preliminary investigation. Therefore, the absence of an authority to accurately determine the extent of the damage causes delays in proceedings and creates uncertainty for the judicial authorities. To prevent divergent judicial opinions and adhere to the principle of the generality of criminal procedure, as specified in Article 2 of the Criminal Procedure Law, it seems necessary to issue unanimous opinions regarding the challenges above. This will end these judicial disputes and establish a unified procedure within the judicial authorities. Consequently, when approving substantive regulations, their effectiveness should be evaluated compared to formal regulations to prevent the division of judicial opinions.
