Criminal law and criminology
jafar nezamolmolki
Abstract
aim
Many articles have been written for analysis and disambiguition of Article 286 of Islamic Punishment Law; Nevertheless, based on lack of comprehensive analysis of ambiguities and defects and also lack of single study, consisting interpretative and implicative appropriate solution as ...
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aim
Many articles have been written for analysis and disambiguition of Article 286 of Islamic Punishment Law; Nevertheless, based on lack of comprehensive analysis of ambiguities and defects and also lack of single study, consisting interpretative and implicative appropriate solution as to the ambiguities and reformative solutions for the defects, a new and comprehensive study is necessary; which in it, While avoiding repetitive content, by studying the jurisprudential and Quranic history of Ifsad fi al-Arth and considering the principles governing criminal law and the principles of Islamic criminal jurisprudence, as well as the executive aspects of the law, take action for the comprehensive and coherent analysis and pathology of ambiguity and defects in the article take action; In such a way that, the appropriate interpretative and effective solution for the existing situation as to the ambiguities and appropriate model to amend the law in relation to the defects of the law will be presented.
Methodolgy
In this article, based on library collection method and descriptive-analytical approach, In the first place we analyze and determinate concept and scope of Ifsad fi al-Arth, while comparing it with concept of Moharebah; Then, Article 286 of Islamic Punishment Law has been analysed, considering different doctorine on it. For this purpose, after analyzing ambiguities of the article, we study it’s defects. in the meantime we suggest effective and efficient solutions for the article, while interpreting and analyzing it.
Findings
Besides positive revolutions of article 286 of Islamic Punishment Law ,i.e independence of Ifsad fi al-Arth from Moharebah, limiting of Ifsad fi al-Arth to crimes with large effects, by determining special conditions for it, and ultimately public aspects of these crimes, ambiguity in concept and scope of Ifsad fi al-Arth compared with concept of Moharebah, relation of this article with The Law of Punishing Disruptors in the Economic System of the Country and it’s relation with other acts, considering its note, are ambiguities of this article; Also, generalizing title of Ifsad fi al-Arth to committed crimes in different fields, the same punishment for accessory and Perpetration and absense of distinction between concept and scope of accessory and captaincy are defects of mentioned article.
Innovation
1-In respect of ambiguity at concept and scope of Ifsad fi al-Arth crimes, due to it’s relation with Moharebah crime, it seems that conceptual relationship between Ifsad fi al-Arth and Moharebah is absolute generality and peculiarity.
2- In respect of ambiguity at relation of article 286 of Islamic Punishment Law with The Law of Punishing Disruptors in the Economic System of the Country, based on the revolutions, in relation major disruption crimes which are considered Ifsad fi al-Arth , article 286 is governed on The Law of Punishing Disruptors in the Economic System of the Country.
3- In respect of ambiguity at note of article 286 of Islamic Punishment Law and it’s relationship with other penal codes, based on study of different status as to article 286, we prove that desired status, i.e conducts which are neither crimes in other penal codes nor Ifsad fi al-Arth criminalized in article 286, to be included in the note, are impossible and unjustifiable.
4- In respect of large scope of Ifsad fi al-Arth in article 286, which include crimes in different fields, as a defect, the best method for reforming the article is that to whether we consider it as a supplementary regulation, for definition without criminalizing, as to other penal codes, which criminalized Ifsad fi al-Arth but not defining it, or if legislator intend to criminalize Ifsad fi al-Arth, while abolishing all of the penal codes in this field, pass a comprehensive penal regulation on it.
5- In respect of the same punishment for accessory and captaincy and lack of conceptual and punishment distinction of them, interpretative solution is clearly in conflict with express provision of this article and cannot solve this obvious defects. So it is necessary to amend the law.
conclusion
Based on results of this research Ifsad fi al-Arth includes Moharebah and other crimes. Article 286 of Islamic Punishment Law governed to The Law of Punishing Disruptors in the Economic System of the Country and has considered some new characters and conditions for disruption in the Economic System of the Country. The assumption which note of article 286 is based on, i.e. some of criminal actions, which are neither a crime subject to other acts and nor Ifsad fi al-Arth in this article, is neither justifiable nor desirable and in result the note is redundant. Modification of article 286 as a supplementary regulation for other instance of Ifsad fi al-Arth, or comprehensive regulation with abolishment of former regulations in this field and also it’s modification as to considering different and suitable punishment for deputy of crime and perpetrator of it and finally distinction concept and scope of accessory and captaincy are necessary
Criminal law and criminology
Mohammadkazem Behroozi; Mohammad Mahdi Saghian; behzad razavifard
Abstract
Scientific and practical advancements across all fields of human knowledge are undeniable and progressing at a rapid pace. Governments, as the cornerstone of any nation, are inevitably impacted by these internal changes and transformations. Electronic governance has emerged as a pivotal concept and strategy ...
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Scientific and practical advancements across all fields of human knowledge are undeniable and progressing at a rapid pace. Governments, as the cornerstone of any nation, are inevitably impacted by these internal changes and transformations. Electronic governance has emerged as a pivotal concept and strategy facilitating administrative efficiency in many societies. Consequently, significant attention has been devoted to its implementation and the development of its infrastructure on a global scale. Our statesmen have been proactive in embracing these advancements in pursuit of effective governance.
Electronic surveillance stands out as a crucial component and catalyst within the realm of electronic governance. Primarily aimed at enhancing monitoring efficiency and reducing face-to-face supervision, electronic surveillance employs various mechanisms to achieve its objectives. This article seeks to explore electronic surveillance as a novel alternative to incarceration. With the global population on the rise and technological advancements proliferating, new forms of deviant behavior that infringe upon societal rights have emerged. Governments continue to explore legislative revisions aimed at minimizing custodial sentences, with alternatives to imprisonment gaining prominence.
Conditional release, proposed during the French Revolution, is one such alternative. However, the efficacy of these measures in deterring repeat offenses must be carefully considered to fulfill the punitive intent of the law. Current alternatives include suspended sentences, fines, and parole, the latter being applicable post-incarceration, albeit typically once per offender. The resultant prison overcrowding and associated costs have spurred legal and criminological discourse around innovative solutions such as community service, social rights deprivation, home detention, and electronic monitoring.
Among these alternatives, electronic monitoring employs various technologies and methodologies. These include recording devices for audio and visual surveillance, interception tools for monitoring communications, software to monitor electronic correspondence, and GPS-enabled devices such as electronic ankle bracelets. These technologies provide judicial systems with effective monitoring tools for convicted individuals, supplementing traditional incarceration methods.
In Iran, the adoption of electronic monitoring systems, as outlined in Article 62 of the Islamic Penal Code and related clauses in the Criminal Procedure Law, reflects a growing trend influenced by international practices, particularly in countries like France and the United States. The aim is to mitigate prison overcrowding and minimize societal harm while preserving the dignity and rights of the accused. Studies indicate that alternative sentencing methods reduce recidivism rates and criminal activities among monitored individuals compared to those incarcerated.
Despite its advantages, the effectiveness of electronic monitoring systems can be affected by technical issues such as signal interruptions, battery failures, communication disruptions, and inadequate capacity to record locations. Moreover, the implementation and management of such systems require meticulous attention and precision from stakeholders including prisons, law enforcement, monitoring agencies, and judicial bodies.
Criminal law and criminology
Saideh Amini; Hassan Alipour
Abstract
Rent seeking is a widely used word in our society that the frequency of its use indicates the prevalence of a type of behavior based on receiving illegitimate financial and non-financial benefits by exploiting the fields and factors of rent, such as passing laws, granting licenses, creating monopolies ...
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Rent seeking is a widely used word in our society that the frequency of its use indicates the prevalence of a type of behavior based on receiving illegitimate financial and non-financial benefits by exploiting the fields and factors of rent, such as passing laws, granting licenses, creating monopolies and access to information. Whenever there is a restriction on competition, whether it is of a natural type, such as a limitation caused by natural resources, or an artificial type, such as monopolies caused by innovation or entry ban, it creates a kind of surplus income for the beneficiaries, which is called rent in the economic literature. In other words, rent is the additional income paid to the owner of resources or the owner of expertise, which is not the result of operating in a competitive market and is not entirely the result of an individual's effort or expertise. Therefore, it can be said that rent is a kind of "privilege" resulting from non-competitive conditions, and rent-seeking is also called the process of acquiring this privilege.This phenomenon has left many negative consequences at different levels of the social system and from a criminological point of view, while weakening public morals and increasing corruption, it plays a significant role in the production and proliferation of economic and non-economic crimes, so it is considered a widespread pest and a serious warning for order and public security.The current approach of Iran's legal system towards rent seeking is based on situational prevention through methods such as dealing with the property of officials, creating job bans and restrictions on participation in government transactions, and also prevention and criminal confrontation through criminalization and punishment crimes related to rent-seeking (such as bribery, money laundering and embezzlement); But the criminalization of rent-seeking is a place of challenge and doubt. The justification or non-justification of the criminalization of rent seeking depends on the evaluation of various factors to assessment the reprehensibility or harmfulness of this phenomenon, which is above all these factors, economic needs. The supremacy of economic principles in assessment of criminalization of rent seeking arose from the connection of rent with the economic system. Rent, which is sometimes referred to as economic rent, is defined by several definitions such as payment and exclusive privilege, and as in classical economics, it is a normal concept; In moral economy, it is considered an unpleasant concept. Therefore, in the way of criminalizing rent seeking, it should be seen how much the phenomenon of rent seeking is affected by its main platform, which is the economy, and in the meantime, the legal system as the guardian of the criminalization of reprehensible behaviors or harmful, what ratio does it establish between the economic factor and other factors.Starting to investigate the feasibility of criminalizing rent seeking from an economic point of view is not only for the purpose of connecting the origin of rent with the economy; Rather, the economic approach to criminalization and calculating the cost-benefits of determining the punishment for rent seeking can distance the politician from emotional and rhetorical policies.The presentation of views related to the fight against rent seeking and economic corruption and the necessity of a decisive response to the corrupters is always tinged with politicization and sloganeering, which can cast a shadow on acceleration in criminalization. It is for this reason that despite the existence of various policies regarding dealing with rent and numerous criminalization that have been carried out regarding all types of crimes related to rent, we still witness the failure of these policies and the increase of rent seeking in country. It seems that the antidote to such hasty policies is the logical arrangement of criminalization requirements along with each other, where economic requirements are placed higher than others in the face of rent seeking.The economic approach is based on focus on not causing disruption in economic processes and its efficiency on the one hand and measuring the cost benefits of criminalization of rent-seeking on the economy (and not other areas because measuring the cost benefits of criminalization in the field of other issues are raised in general criminalization and are not exclusive to rent seeking.) and through the lens of these two indicators, it tries to show its share of justifying the criminalization of rent seeking as an independent crime.The main issue of this article is whether the criminalization of rent can be justified from the point of view of economic needs, so that it is time to examine other bases and needs (such as moral, social and political bases) or not? From an economic point of view, the criminalization of rent seeking faces two main challenges and one secondary challenge.In the first main challenge, this issue is raised that the criminalization of rent seeking leads to the control of economic activities and the ordering of the management or organization of the economy in macro dimensions, in such a way that the control of privileges, even if exclusive, can cause The free path of the economy will be lost. In fact, with the criminalization of rent, the government's rent economy will move from the side of the executive power to the control economy of the judiciary, and nothing will change in practice. The second main challenge considers the criminalization of rent-seeking from the perspective of a relative phenomenon whose positive and negative meanings are intertwined in the economy and cannot be demarcated. The sub-challenge looks at the criminalization of rent from the perspective of normative economics, based on which, its border with economic and financial corruption is not clear and does not have the characteristics of an independent criminal phenomenon.as a result, from the perspective of criminology and accurate knowledge of the causes of delinquency, it can be associated with challenges.Using library sources and by the method of description and analysis, this article has reached the conclusion that the economic approach to the criminalization of rent-seeking is ultimately positive, and according to the factor responsible for the economy, which is the main source and also the economic consequences of rent-seeking, this phenomenon should be criminalized. However, the necessity of freedom and competitiveness in economical activities should be considered as a negative criterion in the criminalization. Therefore, instead of focusing on economic activities it is suggested that in the criminalization of rent-seeking, the position, motivation and activities of the economic operator should be the center of the criminalization.
International Criminal
Zeinab Bagherinezhad
Abstract
One of the most important goals of developing the rules of international humanitarian law is to protect people who are not directly involved in war in most cases, but the violence and suffering caused by war is imposed on them. As one of the vulnerable groups, women are exposed to being victimized due ...
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One of the most important goals of developing the rules of international humanitarian law is to protect people who are not directly involved in war in most cases, but the violence and suffering caused by war is imposed on them. As one of the vulnerable groups, women are exposed to being victimized due to war crimes or crimes against humanity, especially during civil wars. When a civilian group, in the territory of a government enters into conflict with that government, a situation of non-international armed conflict is created; A situation that will be governed by different rules than those governing international armed conflicts. The rules that result from Article 3 of the Geneva Conventions, the second additional protocol and international custom. Dominating a part of the territory of a country by the forces on a continuous basis, having minimum facilities to establish a base inside the territory of the conflict, having a responsible commander, etc. are the most important characteristics of a hostile group, and in this case, it is possible to implement the rules of law. International humanitarianism is expected from them.
The black figure of women's victimization due to their gender in armed conflicts has led to the lack of identification of the perpetrators and the lack of necessary support for them, and this itself leads to their secondary victimization. In internal armed conflicts, the issue of women's victimization, due to the occurrence of violence inside the territory of a country and its inability to be monitored by international institutions on the one hand, and their victimization (direct and indirect) from different directions on the other hand, along with numerous problems It becomes more important in repairing the damage caused to them. In addition, the governments do not want to provide humanitarian support and aid to their nationals and citizens in the event of a civil war, and in the event of this type of conflict, they seek to suppress the opposition to the extent that the perpetrators of war crimes and ... be.
Today, the violation of women's rights in internal armed conflicts as people who did not play an active role in these conflicts is recognized as a war crime. Because war crime is known as a gross violation of international humanitarian rights in armed conflicts, and the violation of women's rights is a gross manifestation of this violation. Although committing these actions in some cases leads to a crime against humanity or even genocide. Since the violation of the rules of humanitarian rights has been done in the territory of a state, not only the people involved in these conflicts, but also the states (whether the state that is a party to the conflict or the state that helps one of the parties to the war) are committed and obliged to respect the rights are international humanitarians and in case of violation of these international rules, they will be responsible for the victims of crimes. In the rules of international humanitarian law governing civil wars, the civil and international responsibility of governments and perpetrators of crimes in these conflicts is emphasized. In addition to accepting the violation of women's rights as a war crime and a crime against humanity (as the case may be), the statutes and jurisprudence of international criminal courts have considered the perpetrators of these crimes to be criminally responsible.
This article, using the descriptive-analytical method, using library resources and card cabinet tools, seeks to investigate the issue of what are the most important manifestations of the violation of women's rights in civil wars as a violation of international humanitarian rights and its effects, and the procedure How has international criminal courts been in identifying numerous cases of violation of women's rights? Sexual violence, as the most obvious example of the violation of women's rights in internal armed conflicts, has led to many destructive effects on women, which is confirmed by the studies conducted during internal armed wars and especially after the end of the war and violence. What the numerous cases of internal armed wars and the judicial procedure of international criminal courts show is the lack of appropriate solutions and treatment for women victims of violence in the process of reacting to the violation of their rights, especially in criminal proceedings (Submitting a complaint to the corrupt criminal system, the lack of proper services from lawyers, prosecutors, judges, and the criminal justice system in general), which requires providing different ways of support than what currently exists.
Criminal law and criminology
saeed Akbari; mohammadAli Hajidehabadi; MohammadKhalil Salehi
Abstract
Today, social protests are as an expected social phenomenon in human societies, even in societies based on democracy, there are social protests because the impact of the decisions of the state and political authorities on the lives of the people of a society is undeniable.
The way that the different ...
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Today, social protests are as an expected social phenomenon in human societies, even in societies based on democracy, there are social protests because the impact of the decisions of the state and political authorities on the lives of the people of a society is undeniable.
The way that the different societies deal with this social phenomenon is subject to the rights and freedoms recognized by the states for the general public. On the other hand, people's actions also determine how the state deals with this phenomenon, so it is not unreasonable to say that the state's reaction on the one hand, and the people's reaction on the other hand, seriously can change the type and quality of protests.
If a macro-level decision is taken by the state, and if this decision affects the lives of most people in a quantitative way, the protests can be expected in all parts of a country. Now, this protest, which is a sign of the state's decision and not accepted by the people, if it is responded too violently by the state, it can change the nature of a peaceful protesting population and turn it into a violent population, and if the protest is also violent from the beginning, there will be no doubt that no state will leave such actions unanswered with the tools at its disposal.
Nevertheless, to a great extent, the type, quality and quantity of tools to deal with social protests are subject to the principles that have been accepted in the field of criminal policymaking. It goes without saying that this criminal policy significantly defines the limits and restrictions of citizens' freedom and also shows the level of accepted values of the state and the adherence to the principles contained in the documents beyond laws and regulations. It is clear that the states choose the most severe and harsh reactions when they feel a threat to their integrity, so it is important to identify such behaviors from the punishment perspective. The purpose of this research is to clarify the position of Iranian criminal policy confronting the social protests and the distinction between two types of behavior, i.e. violent protests and the need to punish these behaviors and peaceful protests and the need to recognize these types of protests.
This research has been done with analytical-descriptive method through using numerous library sources. The necessity of the current research, in addition to its impact on the country's legal literature, can also be considered in the legislative and even judicial field because the criminal reaction to Peaceful protests is actually a violation of fundamental rights recognized in constitutional documents and even human values of the society.
The findings of this research show that, where the protesters only want their lost rights and do not accept the new policy of the state which has affected their lives, and considering that these protesters do not have evil or criminal intentions and if these peaceful protests do not lead to the violation of the rules of criminal law, the state should not practice even the slightest aggression against this group of protesters, and only if the protesters violate one of the rules of criminal law, their behavior should be judged with mitigation in punishment.
Social protests whether violent or peaceful have common features, such as:
Relative continuity
Purposefulness and agreement between protesters
Applicability of the title of Protester to specific people
Opposition to all parts or some part of the prevailing social conditions
With precision in the words of researchers and experts in the field of social protests, the topics such as civil disobedience and civil resistance can be considered as examples of peaceful social protests, and the cases such as: riots, revolutions and coups(military coup) can be included under the title of violent protests. In terms of Iranian criminal policy regarding social protests ,peaceful and violent, two sources can be considered including: the constitution as the supreme legislative document of the country and other laws and regulations as normal laws. The principle of the right to peaceful protests is recognized in the 27th article of Iran’s constitution, which deals with gatherings and protests. On the other hand, normal laws, both in the field of violent protests and in the field of peaceful protests, have not a specific and explicit law for supporting or prohibition of social protests, and this matter has actually led to a kind of confusion among the judicial authorities.
According to what kind of behavior and with what intention the protestors are protesting , and even to what specific group of the society they belong to, there is a different criminal description and interpretation, and in addition to this, the legislator can refer to the new findings of the criminal studies for the legalization of the reasons for mitigating the punishments or remission of punishment in order to consider this mitigation of the punishments or remission of punishment for the people who have committed a crime, considering that such behaviors can continue for days and even months and thus drag the situation of the society towards a crisis. Also, a group of protestors who have been influenced by others, are committing the crimes without a proper understanding of the social situation and begin to protest only under the influence of the psychological atmosphere of the society and the actions of others (without having a high criminal capacity).
Such mitigation of the punishments or remission of punishment are not unprecedented in the field of criminal policy of Iran. It seems that in order to draw an ideal criminal policy along with protecting the rights and freedoms of the people, we need a basic legislation in this field of social behavior.
General and exclusive criminal law
Ahmad Haji dehabadi; Mehdi Shidaian Arani; Ahmad Rahimi
Abstract
In making the law, several criteria such as structural order, comprehensiveness, and usefulness should be taken into consideration by the legislator so that the result of the legislative process is of high quality. This importance is doubly important in the substantive criminal laws, especially the factors ...
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In making the law, several criteria such as structural order, comprehensiveness, and usefulness should be taken into consideration by the legislator so that the result of the legislative process is of high quality. This importance is doubly important in the substantive criminal laws, especially the factors that reduce criminal liability. In fact, among the laws governing the society, the substantive penal laws are of great importance in that they represent the norms and values of the society and guarantee the fulfillment of the natural human needs such as justice, equality, stability and social order. In fact, substantive criminal laws, including the Islamic Penal Code of 1392, are established with the aim of creating and supporting social order and realizing basic values such as justice. It is on this basis that these laws have a stricter enforcement guarantee (penalties) than other laws. Among the different parts of this law, the second chapter from the fourth part of the first book, i.e. "factors that mitigate criminal liability", are of double importance considering that they were established with the aim of removing the criminal character of the act or removing the punishment. Therefore, compliance with the substantive and formal requirements of legislation is a worthy and necessary expectation for them. However, looking at the Islamic Penal Code of 1392 as an example of the most recent major substantive criminal laws, it seems that some legislative requirements have not been properly considered in some parts of this law. Among these cases, the second chapter of the fourth part of the first book of this law is "Factors mitigating criminal liability".
Based on this, the present research is intended to examine this part of the Islamic Penal Code in the light of the requirements of the legislation; However, due to the fact that there are many criteria and requirements in this regard and the assessment of this part of the law from the point of view of all of them does not fit in this area, therefore, in this article, an effort is made to evaluate this part of the law from the point of view of the requirements of "structural order". "Usefulness" and "Comprehensiveness" should be examined as examples of the superior measures of legislation. In this regard, the main question of the current research, which was conducted using the analytical-descriptive method and using library data, is how are the factors that mitigate criminal liability in the Islamic Penal Code of 2013 evaluated from the perspective of the requirements of structural order, comprehensiveness and usefulness of the law?
It is worth mentioning that due to the fact that it has not been a long time since the legislation/law writing technique has been paid attention to in Iran, therefore, not many researches have been done in this regard. Among the articles written in this regard, we can refer to the article "Examination of the New Islamic Penal Code in the Criteria of Legislation" written by Ruhollah Akrami, which was published in the 82nd issue of the Majlis and Strategy magazine. The distinguishing feature of the current research is that it specifically examines a part of the Islamic Penal Code from the perspective of the requirements of structural order, usefulness and comprehensiveness of the law, and in addition to the specific evaluation criteria, the scope of the investigation is also narrow and makes for a richer evaluation.
Examining the factors that reduce criminal responsibility from this point of view shows that there are many criticisms on the performance of the legislator; Including:
A) In relation to the need for structural order, considering the title "factors that mitigate criminal responsibility" and not dividing the articles under this part of the law according to the differences in factors that mitigate responsibility and justifiable causes of the crime are inappropriate. Therefore, the title "factors affecting responsibility" is suggested for this section. Also, the reference of reluctance ruling in Article 151 of this chapter has not been done properly and it is appropriate to amend this matter in the process of revising the law.
b) From the point of view of necessity and usefulness, it seems that the repetition of the verdict of committing a crime while intoxicated in Article 307 despite Article 154 of the Criminal Code, applying a limited punishment to a person who becomes insane after issuing a definitive sentence and repeating the age of puberty in Article 147 of the Civil Code despite Article 1210 of the Civil Code has not been necessary and useful. Based on this, it is appropriate that similar articles such as articles 307 and 147 are not repeated in the amendments of the law, and the punishment of the insane should be conditional on his recovery and recovery.
c) Regarding the requirement of comprehensiveness, despite the fact that expanding the scope of intoxicating substances in Article 154 is considered a positive and forward-looking measure, the lack of classification of insanity and the vagueness of the relative impairment of the will are considered to be in conflict with the requirement of comprehensiveness, and it is appropriate that the legislator revises the law with the possibility of reducing the punishment. In such an assumption to predict.
General and exclusive criminal law
Mehdi Zakavi
Abstract
The criminal justice system distinguishes between a person who has committed multiple crimes or violated multiple articles of criminal law with the same behavior. Therefore, the legislator gives the judges the authority to increase the punishment for dealing with such a person. In this regard, the legislator ...
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The criminal justice system distinguishes between a person who has committed multiple crimes or violated multiple articles of criminal law with the same behavior. Therefore, the legislator gives the judges the authority to increase the punishment for dealing with such a person. In this regard, the legislator has left some challenges in the Islamic Penal Law of 2012 that may cause problems in the implementation of these laws in this field; From this point of view, the purpose of the authors is to clarify the ambiguities and problems related to the number of criminal titles that may arise in the implementation phase and to solve them as much as possible to overcome these difficulties. Sentencing is often one of the most challenging issues in general criminal law. The double title (spirit, credit) of the crime as one of the reasons for increasing the punishment is not excluded from the scope of this law. The Criminal Law of the Iranian Parliament distinguishes between a person who violates several articles of the criminal law with one act and a person who violates only one criminal title with his act. Article 131 of the Islamic Penal Code was established in a situation where the law states many titles of crimes in criminal crimes, but it has left many challenges. According to the author's statements in this research, the most important challenges are in several issues, among which we can mention the ignorance and doubt in how to recognize serious torture, the ineffectiveness of severe torture and its consequences, how to use sensitivity and punishment. . supplement , and the border between too many titles and too many results. In this book, due to the importance of legislation and legal interpretation, it has been tried to provide answers to resolve these ambiguities. The criminal responsibility of legal entities is recognized in the criminal laws of Iran, and the application of these rules to individuals is not specific to them. Considering the new nature of recognizing the criminal responsibility of these people in Iran's criminal law and the change of Iran's criminal laws from a person-centered perspective to a legal personality, it is difficult to implement multilateral rules. They committed crimes against these people. Among the most important of these problems, we can point out the unity and different punishments for the legal person, which is the subject of Article 20 of the Islamic Penal Law approved in 2012. In addition, in implementing the multi-purpose provisions of Article 134 regarding legal entities, the jurisdiction of the court cannot be limited in determining first the heaviest punishment and then the heaviest punishment and applying two types of punishment for legal entities. Businesses that make it impossible to apply genuine multilateral rules that apply to legal entities such as individuals. A criminal who commits a series of crimes is undoubtedly bound to legal retribution according to the will of the legislator and society. From the point of view of criminology, the multiplicity of crimes of the criminal indicates his dangerous situation, which has been the focus of legislative policies and the issuing of sentences has had ups and downs. This category was a way to reform or intimidate criminals. The Islamic Penal Code approved in 2011 and followed by the Convict Conviction Law in 2019, the last will of the legislator in Iran's law on various types of crimes, is due to the principle of combining punishment with punishment. Changes in the provisions of the previous law, legal doctrine and legal standards of the courts caused serious problems in the adaptation of the judicial system by solving some real problems and precedents. In this way, sometimes the uncertainty of the court's decision in cases where criminals are committed is between the material majority and the moral majority, and the law and principles have not yet been proposed by the lawyers. If in doubt, seek refuge. The purpose of this article is to examine the main problems of the court in practice and during the proceedings.
Criminal law and criminology
Hamidreza Daneshnari; Seyed Hossein Hosseini; Mohammad kKarimi bandar abadi
Abstract
Cinematic representation of the concepts of crime and criminal justice and investigation the social control function of power institutions in the context of artistic activities are among the most important issues that are studied in cultural criminology, and one of them is the cinematic representation ...
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Cinematic representation of the concepts of crime and criminal justice and investigation the social control function of power institutions in the context of artistic activities are among the most important issues that are studied in cultural criminology, and one of them is the cinematic representation the carnival engineering. It refers to a situation where the upper class, in order to gain economic benefits, and spread post-modern culture, controls the lower class by forcing to participate in carnival or transforming armed violence with laughter will eliminate them. The current research aims to analyze the carnival engineering of violence in the movie "The First Purge" using the qualitative content analysis method.
One of the most important terms in cultural criminology is the concept of carnival. Carnival is a critical subculture that challenges dominant social values and norms in a short period of time (Danesh Nari et al, 2023: 271). Carnival is a spontaneous, centrifugal movement and a constant battle between formal and informal culture. Carnival is a temporary and popular release from the reality and dominant form of the institutionalized system. Therefore, the carnival is the suspension of all bases, privileges, norms and taboos (Bakhtin, 1984: 10). Carnival celebrations have been different over time and in different countries, but they have features such as shooting, music, commotion and noise, stomping, dancing, jumping, fake theft, moving objects from their usual place and overturning things. vehicles, tools and instruments, harassing women, the poor, abnormal people, mentally disabled and other marginalized people, scaring children and abusing animals (Lozica, 2007: 72). The common denominator of carnival behavior is excess, mockery, aggression, violence, brutality, aggression, hedonism and spontaneity. Carnivals such as the Greek festival of Dionysus, the festival of Remi Kalends, and the god of Saturn have no limits in offering violent behavior. However, the emergence of divine religions such as Christianity brought the threatening factors of carnivals under control. Therefore, doing unusual and perhaps irrational things in the carnival was accepted as a necessity of daily life and a natural thing, with some modifications (Persadi, 2016: 41). The church was trying to replace the past aggressive behavior with religious and natural affairs and create a transformation in carnivals. Therefore, Christianity in the Middle Ages, the Renaissance period and early modernity brought about a transformation in the traditional concept of carnival. Although, the main elements of the carnival and ceremonies such as firework ceremonies, local gatherings are formed by the social strata in the modern era (Persadi, 2016: 42), but the upper class is also looking for the engineering or transformation of the carnival.
Gerard McMurray, the director of "The First Purge", as a critic of the capitalist system, has shown his mental stereotypes in the form of obvious and hidden meanings in the film. The protest movement against the clean-up against the five thousand dollars reward for the participants, the low intervention of the island citizens in the clean-up against the direct intervention of the party-affiliated militia groups and.... Consonant and vowel images are used to show the contrast between the lower and upper layers.
However, the party is a symbol of a protest movement. A movement that, according to Sabian, is the heir of a great collapse. A great collapse, on one side of which is a bankrupt government that is unable to take care of its citizens, and on the other side, an underclass that is struggling with increasing birth rates, increasing crime rates, and unemployment. Therefore, the party's solution is to set up a carnival of violence against the lower class. The symbol of this carnival, which is provided to the participants along with advanced tracking and image recording equipment, is the "Babitizia plant" or wild indigo; A plant that, in the light of purification, has become a symbol of the improvement of conditions and the destruction of old diseases and wounds or of the lower class.
Holding a carnival requires justification. This issue was achieved with the help of experts in behavioral sciences and in the form of expressions such as "people are angry, they don't have money and food, they need to vent their violence". Then the minds of the American society should be prepared for the establishment of the carnival. Therefore, all media attention is directed to Staten Island and one of the locations of the laboratories, i.e. Park Hill Towers, and no laboratory is located in the noble neighborhoods where Dimitri and his group are based. , is not established. This problem shows that the lower floor is located at the tip of the arrow. The media construction approach of the carnival is explained to the audience with the two concepts of "experiment and laboratory" and "psychosocial evacuation". The term "experiment and laboratory" refers to scientific research and the optional participation of applicants in the experiment and payment of wages to them, and the term "psychosocial discharge" refers to an discharge of psychological violence against each other.
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