ali hossein najafi abrandabadi; hossein goldouzian
Abstract
Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern ...
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Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern criminology provides an affirmative approach and despite accepting the criticisms of postmodernism on modernism and in particular positivist empiricism, it does not believe in nihilism and subjectivism. This theory does not accept the one-dimensional readings of crime which pre-existed in criminology and combines different theories from various scientific disciplines and uses all flows of thought in the realm of postmodernism to provide a compressive analysis. Seeing criminology as a social fact has no place in this theory and postmodern criminologists believe that due to complexity of social engagements and personal relationships, complicated causation theories like choatic theory are needed. in postmodernism cause of crime is not predictable and linear rather is sensitive to initial conditions and unpredictable . Therefore, in this descriptive-analytic study we attempted to investigate and analyze the theoretical and intellectual dimensions of postmodern criminology on crime, both in terms of concept and causation
ESMAEIL SHAYEGAN; MOHAMMAD ASHOURI
Abstract
The legal system of compensation for damage caused by the arrest of the accused innocent; Research in comparative law and Iranian law. Abstract: In the new Criminal Procedure Act government's responsibility is accepted for damage caused by the arrest of the accused innocent, whether the judge or other ...
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The legal system of compensation for damage caused by the arrest of the accused innocent; Research in comparative law and Iranian law. Abstract: In the new Criminal Procedure Act government's responsibility is accepted for damage caused by the arrest of the accused innocent, whether the judge or other person is responsible for the fault or error. By law In addition to identifying the "right" injured, in a claim for damages suffered due to temporary detention, Special procedure has predicted in order to implement this right. This legislative measures can be interpreted a step towards the realization of a fair trial and respect for the presumption of innocence (Article 37 of the constitution of the Islamic Republic of Iran).This Anticipated legal system in the new Criminal Procedure put government as a barrier between the injured party and the offender judge. Accordingly, innocent accused demands the damage caused by the temporary detention from government and the government can refer to the blamable judge after the compensation under the circumstances.
Abstract
The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion ...
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The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion before detention, but in some cases with according to the law at the beginning and continued detention, finally the verdict on the innocence of arrested defendants was issued. In this case the fundamental question arises as to whether the detainee can claim compensation for detention and losses during which incurred? Although the pros and cons raised, but arguments of proponents is stronger than opponents. In this regard, in recent decades under various criminal justice system including France (since 1970) and Iran (since 2014) the right of compensation from innocent arrested defendants have been accepted. This article tries to study this institution in Iran and France criminal justice system with a comparative approach.
abbas shiri varnamkhasti
Abstract
Abstract Criminal Investigation Rights focuses on laws and regulations to discuss crime detection, identification of the accused, proof of delinquency, identification of the victim and determination of material and moral damage to him. Criminal investigation processes begin with a victim's complaint, ...
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Abstract Criminal Investigation Rights focuses on laws and regulations to discuss crime detection, identification of the accused, proof of delinquency, identification of the victim and determination of material and moral damage to him. Criminal investigation processes begin with a victim's complaint, the announcement of official and informal officials, information by legal and natural persons, victim supporters, or the detection of a crime by the police. The main challenge at this stage is the lack of complaints and the reporting of victim to the police and criminal justice institutions. Victimization examination and crime scene investigation are the main axis of the criminal investigation law. The testimony of intuition, testimonials, and expert reports are effective in discovering the truth and proving criminal misconduct, which is always part of the topic of criminal investigation rights. In the past, the law of criminal investigations focused on delinquent, victim studies have caused criminal investigations to pay attention to the role of the victim.
azade sadeghi; mohammad farajiha
Abstract
Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how ...
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Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how drug markets respond to the police programs? Whether these policies decrease supplying of drugs or induce temporal, tactical, and geographical displacements in drug markets?In this study, three methods were used: a) in depth interview with 27 drug dealers b) non-participant observation of drug dealers activities in the drug market, and c) discourse analysis of formal official. The Findings suggest that dealers manage the risks in drug markets by different strategies: Changing times of selling drugs, using different techniques such as carrying small amount of drugs, changing market place, selling drugs to friends and etc. From this point of view, staying in the drug market and selling drugs challenges the effectiveness of police intervention in drug markets. Moreover, the entry of new dealers, change in type of drugs and adding impurities in the drugs make police interventions ineffective.
Mehdi Fazli; Abolfath Khaleghi
Abstract
Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are ...
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Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are facing with flaws which cause the possibility of committing corruption through them. Organization of Economic Cooperation and Development (OECD) in years of studying its members laws on domestic public transactions has provided recommendations for amendment of their laws which also could be useful for legal amendments in Iran. Using a descriptive-analytical method, this article has recognized such flaws in quintuple steps of public transactions (including assessment of necessities, pre-bidding and bidding, conclusion of contracts, implementation of contracts and final audit) in the light of OECD recommendations and has recommended enactment of an exhaustive criminal Act in this field and amendment of current laws on tenders and auctions for curbing corruption.
Pooneh Tabibzadeh; Reza Eslami
Abstract
The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps ...
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The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps achieve the goals transitional justice since it corresponds properly to the post-conflict situation in transitional societies. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice.
Mohammadhossein Shaker; hamid seddigh akha
Abstract
دیه صدمات مربوط به استخوان های بدن در قالب قواعد یا نظریه هایی به صورت نسبتی از دیه عضو دربردارنده استخوان بیان شده است. برخی از استخوان ها با توجه به عدم در برگرفته شدن ...
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دیه صدمات مربوط به استخوان های بدن در قالب قواعد یا نظریه هایی به صورت نسبتی از دیه عضو دربردارنده استخوان بیان شده است. برخی از استخوان ها با توجه به عدم در برگرفته شدن توسط عضوی از اعضای بدن و بالتبع خروج از این قواعد و نظریه ها نیازمند بررسی جداگانه برای تعیین جبران خسارات وارده بر آنها می باشند که ستون فقرات از جمله آنهاست. هر چند برخی از فقها به بیان جداگانه دیه صدمات این استخوان پرداخته اند لکن آن را در دسته بندی منسجمی ارائه ننموده اند. بررسی و کشف انواع صدمات به همراه آسیب های وارده را می توان از نقایص بیانی مقنن در قانون مجازات دانست. همراهی صدمات وارده بر ستون فقرات با آسیب های دیگر مانند شل شدن پا، خمیدگی پشت و ... که بعضا شایع نیز بوده، ستون فقرات را از دیگر استخوان ها متمایز می کند. این نوشتار به بررسی دیه صدمات وارده بر استخوان از منظر فقه و قانون و نیز کشف مشکلات اجرایی و ارائه راه حل آن با توجه به منابع روایی و فقهی پرداخته و در تمامی مراحل مباحث قانونی را از نظر دور نداشته است.
Najmeh Shahrani karani
Abstract
In line with much criticism that the punishment of imprisonment and reduce damages from this form of punishment, alternatives if imprisonment in different ages and under influence of ideas of different schools came into being and developed. In this article, it is discussed about alternatives to imprisonment ...
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In line with much criticism that the punishment of imprisonment and reduce damages from this form of punishment, alternatives if imprisonment in different ages and under influence of ideas of different schools came into being and developed. In this article, it is discussed about alternatives to imprisonment The sample for this study, female prisoners three provinces of Zanjan, Qom and Markazi provinces in which a total of 130 people have shown, these people were either convicted or accused the verdict was known. Because the sample was limited to prisoners of HmhY questionnaire has been prepared. Then, using the F-test, correlation analysis and surveys variables affecting the use of alternatives to detention is discussed. The results show that 60 percent of prisoners use of alternatives to incarceration highly effective in reducing the harmful effects of proportions cite imprisonment, while NKh between the use of alternatives to the kind of mass incarceration of prisoners, and the gap SabqhDary to return there again. While there is no relationship between these variables with level of education.
