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
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
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
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.
