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.
Islamic jurisprudence
حسین khodayar
Abstract
According to common jurisprudence punishments are based on a dichotomous system, they are either hadd or tazir. This dichotomy of punishment is not based on text even though there is no text about this. Rather, this is due to a kind of trap that jurists have obtained from the collection of texts in the ...
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According to common jurisprudence punishments are based on a dichotomous system, they are either hadd or tazir. This dichotomy of punishment is not based on text even though there is no text about this. Rather, this is due to a kind of trap that jurists have obtained from the collection of texts in the field of punishment. The dichotomy of the penal system has caused all the punishments mentioned in the hadiths to be added to the list of hudud or punishments based on common assumptions, regardless of whether or not they have been assigned limits or punishments. In this way, in many cases, the limit of punishment is determined without any textual evidence, only with common jurisprudential concepts and considering the characteristics of that punishment. This, in turn, has been the source of many disputes about the nature of punishments; however, naturally, the ideas of jurists about the characteristics of punishments are not the same in all cases. The emergence of punishments with the title of "prescriptive punishments", which, by assumption, have similarities to the limits and punishments, is a testimony to the differences caused by the differences in the presuppositions of the jurists about the types, nature and characteristics of punishments. On the other hand, the inclusion of ambiguous punishments, which are not defined in the texts, to the list of rules and punishments, has led the jurists to a dead end in some cases. Considering the punishments of deprivation of life, life imprisonment, amputation, shaving of the head and even fines as a hadd, without the fact that there is a limit to them in the hadiths, has in some cases made it difficult for the jurists to understand the nature of the causes of these punishments. This exclusionary and inferential idea, that in particular, the death punishments o, life imprisonment, and amputation of limbs are hududd in nature and are not used as punishment in any case, has caused contradictions in some cases. For example, in the hadiths, the punishment for the crime of apostasy is death although there is no hadd for this crime. The majority of jurists, based on the aforementioned premise, consider this punishment to be a had. In the meantime, a famous jurist such as Mohaghegh Hali clearly places the crime of apostasy among the crimes subject to tazir. Then this contradiction comes to surface, is it possible that a deterministic punishment such as death is taziri? Considering the use of hadd and tazir in the Holy Qur'an and hadiths, it shows that by taking into account the usage of hadd and tazir, and based on ijtihad and methodical inference, in contrast to the idea of "dichotomous punishment in Islam", the idea of "multiplicity of punishment in Islam" can be proposed, and thus, it is removed from the list of problems and prohibitions of the Islamic penal system.
Philosophy of criminal law
Zahra Abdolhosseinqomi; Firouz Mahmoudijanaki; Majid Ghourchibeygi
Abstract
abstractFocusing on power is one of methods to analyse modern punishment. The kind of inference of power makes different analysis’s methods and results. Michel Foucault was one of thinkers that have considered power as relation between forces; and he use of Nietzsche’s method of genealogy ...
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abstractFocusing on power is one of methods to analyse modern punishment. The kind of inference of power makes different analysis’s methods and results. Michel Foucault was one of thinkers that have considered power as relation between forces; and he use of Nietzsche’s method of genealogy for his analyse. Foucault believed that power is everywhere and have correlation relationship with knowledge, his analytic method about the complexity of power and modern disciplinary power and punishment is discourse of power and knowledge. Then, some questions had been mentioned by this method; from the concept of discourse to its usefulness in analysis modern punishment and its bounding or lasting at time. It will be tried in the current article that to answer the three mentioned questions with the analytical descriptive method. In result, it seems due to avoided of prevalent inferences of power, exaggeration in some of his genealogies and some of his unsaid, lead to Foucault' method be expired, but preventive look in the field of modern punishment and his implicit emphasis on such that, that is, punishment is something more than punishment, makes a way for his method to last.Key words: modern punishment, power, genealogy, discourse, knowledge, discipline.
Code of Criminal Procedure
Gholam Hassan Kooshki; Rohollah zandi
Abstract
The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages ...
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The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages of deprivation of liberty and the failure of the prison system in rehabilitating criminals, penal systems, under the influence of criminological teachings and criminological findings such as the increase in recidivism and the crime-causing nature of prisons, are more and more limited in terms of punishment. They have become anti-freedom. On the other hand, the bad effects of this punishment were noticed by criminologists, and today, although many efforts have been made to improve the condition of the prison, the reformation and treatment of criminals, which was considered one of the main goals of this punishment, doubts still prevail. It became serious, and experience showed that, with the help of recidivism statistics, repeated professional crimes are more often committed by those who have had a history of prison. In this way, imprisonment is not only ineffective in rehabilitating and reforming criminals, but also harming the country's economy.By approving the law on mitigating penal punishment, the legislator implemented the policy of de-imprisonment through the development of erfaq institutions, reducing the amount of imprisonment and increasing the range of forgivable crimes. Although the mentioned law is useful in mitigating the prison sentence, it has caused wide challenges and created gaps in the legal system and judicial procedure. The challenges related to the relative impossibility of fraud and theft crimes due to their amounts are one of the factors that have caused changes in the process of criminal prosecution. In the discussion of the initiation of prosecution and actions of the bailiffs in this field, despite the many differences between the jurists, it seems that the principle is that these crimes are unforgivable and the criminal prosecution by the bailiffs is based on the assumption of committing the above crimes.In the matter of determining the appropriate order, the judicial authority should determine the monetary penalty for the issuance of the security order, regardless of whether the crimes are forgivable and based on the initial estimate, and after referring to the expert, he can determine the necessary amount. On the other hand, the most important challenge that has caused a strong difference in the judicial procedure is the issue of the number of crimes that can be forgiven and the appropriate criteria for determining the crimes that can be considered forgivable. It should be such that it justifies the application of the aggregate criterion, despite such a criterion, there is still a wide difference of opinion among the judicial authorities, and it is better to determine the task through a unanimous vote on the above issue. Among the other loopholes governing the law on reducing the punishment of imprisonment are related to the calendar of non-calendarable property, obtaining biometric records and interpreting the concept of the absence of a victim in fraud-related crimes, which should be addressed by the legislator. In addition to the above challenges, which mainly covered issues and cases related to formal matters, some challenges also governed substantive issues and cases. The results indicate that the formal challenges in this field are mainly related to the stage of starting criminal prosecution by the officers and the preliminary investigation stage that oversees the issue of paying expert fees and issuing orders to secure and calendar non-calendarable property and obtaining biometric records. Also, the substantive challenges are related to the criterion of considering the crimes as forgivable in the assumption of multiple crimes, determining the monetary punishment in the assumption of multiple and the resistance of the judges to the given law. In this talk, it has been tried to explain each of the above challenges and then solve them with a descriptive-analytical method.
Criminology
Hamid Naderi; Mohammad Matin Parsa; Mohammad Pourmazar
Abstract
Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation ...
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Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation of a third party between two parties of a criminal case and providing a basis for dialogue and agreement in order to return the situation to normal, which of course is possible with other programs such as conferencing, circles, restitution of the victim's situation, community services, victim impact statements and community restorative boards have similarities. The dispute resolution councils, as a judicial references, which mainly steps towards reconciliation between the parties to the proceedings, despite the diversity in the implementation of dispute resolution programs, the characteristics of most of these programs are the active participation of litigants and local communities, dialogue-oriented, efforts to reach a solution to compensate the victims and the offender's responsibility. Therefore, criminal mediation programs can be a good opportunity to expand and strengthen community-oriented in the judicial system. The root of adopting a community-oriented approach to criminal issues and recognizing people's participation in solving Corresponding Author: hnaderi58@gmail.com How to Cite: Naderi, H., Matin Parsa, M., & Pourmazar, M. (2023). Analyzing the Position of Mediation in Dispute Resolution Councils with a Sociological Approach; (from Perspective of the Members of the Branches of the Tehran Councils). Journal of Criminal Law Research, 12(45), 153-192. doi: 10.22054/jclr.2024.75156.2608.Hamid NaderiResearcher of Department of Interdiciplinary Studies, Institute of Strategic Studies, Judiciary Research Institute, Tehran, Iran.Mohammad Matin ParsaPh.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran.Mohammad PourmazarMaster in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.Journal of Criminal Law Research | Vol. 12 | No. 45 | Winter 2024 | 154criminal disputes can be found in "public sociology" studies in general and "restorative justice" teachings in particular.From the substantive point of view, since crime is considered a social phenomenon and behavior against the norms of society, and the offender and the victim are members of the society, so the process of pursuing the case and responding to the offender should also be in accordance with this social context. Categories related to criminal law, such as criminalization and separation of crimes from social deviations, ordering of response methods, prevention of crime, determination of responding references, evaluation of its performance and historical developments, are not separate from the community of the place of implementation or its specific social context, and this fact can be seen in the link between the law and the social. By giving identity to the offenders, preventing them from being labeled and providing an environment of acceptable shame, criminal mediation can lead to the correction and return of the offenders to the society as quickly and better as possible and their alignment with the norms.The social approach of the judicial system is one of the meeting points of the social with the law, and it is a view of the process based on which the judicial system, especially the criminal justice system, along with the people consisting of natural persons and non-governmental organization, assume social responsibility towards the general issues related to the judiciary. This approach is based on returning to society and taking advantage of social capacities and creating a basis for the consolidation of social capital. Depending on the topics and stages, this partnership can have many manifestations, including legislation, monitoring the implementation of laws, crime prevention, crime detection and prosecution and investigation, settlement of lawsuits, determination of punishment and its implementation. If mediation in criminal matters is done independently and away from the jurisdiction of the judicial system, it can be a suitable context for realizing and strengthening the social approach of the judicial system. The main goal of the research is to analyze the criminal mediation in the dispute resolution councils of Tehran.The current research was conducted using qualitative method in the form of thematic analysis .In order to collect data, an unstructured interview tool was used. The statistical population of the current research included managers and members of Tehran Dispute Resolution Council's branches and branches located in courts which was carried out by non-probability and purposeful sampling; and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. Maxqda, the qualitative data analysis software, was used to encode and analyze the data. The interview protocol is set according to the main axes of the empirical background and by|155| Analyzing the Position of Mediation in…; Naderi et al.conducting a review of the body of knowledge related to the subject, and the operational method of the research is the content and thematic analysis. Thematic analysis is one of the methods of analyzing textual data, one of its characteristics is the use of categories adapted from theoretical models and applied to the data.The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges. The consequence of this judicialization is manifested in not taking advantage of the capacity of the local community, lack of attention to the needs of litigants, and lack of root-finding and problem-solving approach. Therefore, at present, the councils have moved away from their primary goals and their performance is very different from criminal mediation in a special sense.
International Criminal
Hassan Poorbafrani; Zahra Shokati Ahmadabad; Mohammadhasan Maldar
Abstract
Transferring convicts to prison is oneof the almost new forms of judicial cooperation.The ever-increasing communication has doubled the need to use this institution.Iran also paid attention to this matter by concluding the treaty on the transfer of convicts with Azerbaijan in 1378.Although the process ...
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Transferring convicts to prison is oneof the almost new forms of judicial cooperation.The ever-increasing communication has doubled the need to use this institution.Iran also paid attention to this matter by concluding the treaty on the transfer of convicts with Azerbaijan in 1378.Although the process of concluding these treaties is increasing in the country today,there is always the question of whether the approval of a special law in this field is not necessary.And if there is a law, wouldn't it be easier to solve the problem of transferring Iranians sentenced to prison in other countries and vice versa? Using the descriptive-analytical method and library tools, the upcoming research, in addition to examining the reasons why legislation is not necessary,also explains the reasons for its necessity.The result is such that the adoption of a special law in this field is not useless,because it can help in the process of transferring convicts and their procedure.However, considering the serious obstacles in the way of this legislation, the least action can be the creation of a model document by the country so that it has the necessary policies in mind before entering the stage of creating rights and obligations in the field of treaties.
Criminal Sociology
Sina mahdavi damghani; Abdolreza javan jafari; seyyed mohammad javad sadati
Abstract
The increase in violence among teenagers and young people is one of the basic problems of today's societies. One of the obvious results of the increase in violence is a significant increase in the rate of committing violent crimes, which itself leads to major problems in various economic, social and ...
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The increase in violence among teenagers and young people is one of the basic problems of today's societies. One of the obvious results of the increase in violence is a significant increase in the rate of committing violent crimes, which itself leads to major problems in various economic, social and cultural fields. This descriptive-correlation research has been conducted with the aim of investigating effects of four variables: grade point average, ethnicity, economic ability and physical situations on the subculture of violence among teenage and young wrestlers in Mashhad city. The sample size of the research was determined using Cochran test of 170 people, and data collection was done in both library and field methods. According to results of research, there is significant relationship between variables of: average of education, ethnicity, and economic ability with the subculture of violence among samples, but we didn't find a significant relationship between physical situation of samples and their subculture of violence. Also, in this article we have tried to divide the different effective variable on abnormality into the two general categories and based on the field findings of this research explain how the affecting of these two categories.Key words: Ethnicity, Academic average, the subculture of violence, Economic status, Physical situation Introduction:Violence is recognized as a manifestation of deviance in contemporary civilized and advanced societies. This phenomenon of deviance is significantly expanding in today's world, with a noticeable increase in the rates of violent crimes such as conflicts, assaults, violent thefts, etc. According to statistics, interviews, and reports from official sources, the rate of violent crimes has reached a significantly high level in recent years, showing a considerable increase compared to the past. This high rate becomes particularly concerning when accompanied by the participation of adolescents and young people.Interestingly, based on numerous national and international reports, the rate of delinquency among adolescents and youth has consistently shown an increasing trend in recent decades. Various factors such as age, economic status, ethnicity, residential environment, cultural background, peer groups, family attachment, etc., influence the normative situation of individuals. In this present study, we intend to investigate the impact of four variables: ethnicity, economic status, academic performance, and physical condition of adolescents and young people on their subcultural violence.It is worth mentioning that each of the mentioned variables has been extensively examined by many scholars, and their various effects on deviance have been explained in different theories. However, it is noteworthy that most theories focus on one or a few factors, attempting to explain and describe the causes of deviance from the perspective of those factors. Although these factors are influential in the normative situation of individuals, none of them is the sole determining factor. Many individuals exhibit deviant behavior despite possessing these factors.Humans are complex beings, and their various behaviors are influenced by multiple factors. Therefore, theories that solely focus on one or a few limited aspects and variables lack the necessary capability to fully explain the causes of deviance. To better understand and explain the causes of deviance, it is necessary to develop and utilize integrated theories.Methodology:The research population of this study includes adolescent and young wrestlers in the city of Mashhad. Data collection was conducted through both library research and fieldwork. Relevant sections regarding the foundations and theoretical background were referred to library sources such as books, theses, and related articles. Additionally, to gather analyzable data, we used two data collection methods: observation and questionnaires.The research sampling method was a multi-stage cluster sampling, and sports clubs and athletes were randomly selected. The Cochran test was used to determine and select the required number of athletes. Based on this, 170 questionnaires were distributed and collected among the research population, and the obtained data were analyzed using SPSS software.Result and Discussion:Based on the research findings, there was no significant relationship between the physical condition of the samples and their violence. However, statistical tests revealed a significant inverse relationship between the academic performance of the samples and their violence. Therefore, it can be stated that with an increase in academic performance, a decrease in violence is observed, and with a decrease in academic performance, an increase in violence is observed. Additionally, based on the data, it must be acknowledged that there is a direct and significant relationship between the economic status of the samples and their violence. In other words, an increase in the economic power of the samples is associated with an increase in their violence, and a decrease in economic power is associated with a decrease in their violence. Finally, regarding the ethnicity variable, the analysis of research data indicates a significant relationship between non-Persian ethnicity and high levels of violence. The research findings also demonstrate that non-Persian samples have higher average economic power and subcultural violence compared to Persian samples.In general, when examining different samples of the research, it is understood that adolescents and young people who have a strong tendency towards violence are usually non-Persian and have higher economic power than other samples. This statement contradicts the assumption that unfavorable economic conditions and poverty are effective factors in deviance. To explain this, it should be noted that the spectrum of violence reflected in the questionnaire is mostly related to criminal acts, rape, or offenses that, if committed, lead to consequences such as punishment and deprivation for the perpetrators. It is evident that individuals with higher economic power can tolerate higher levels of deprivation, and therefore, punishment against them will have less deterrent effect. This fact makes individuals with a violent mindset and higher economic power less deterred in similar situations.Apart from the stated content, we can see many individuals with similar characteristics have not had a similar approach to violence and deviance. Observing this spectrum of individuals raises the question of why individuals with similar characteristics do not commit similar acts of deviance and do not have the same inclination towards deviance. To answer this question, one must become familiar with the concepts of fundamental and surficial components influencing deviance.The concept of "fundamental components" in this research refers to the cultural status of individuals, meaning the norms, values, and beliefs accepted by them. On the other hand, "surficial components" refer to other external factors and components that affect an individual's status from outside the individual, including economic capacity, educational status, physical condition, peer groups, ethnicity, social environment, and other environmental factors.In general, surficial components have dual effects, meaning they may enhance and intensify deviant behavior in one area and weaken or reduce the commission of deviance in another area. According to the research findings, surficial components can lead to changes or stability in fundamental components. Fundamental components, in turn, can be influential in the selection and strengthening or non-selection and non-strengthening of surficial components. This implies that individuals with different cultures and mental values may react differently to various factors in their environment.Ultimately, through the interaction between surficial and fundamental components, different effects are created on the intensity and weakness of various behaviors. For example, economic wealth as a surficial component can have different effects on individuals with different mental beliefs. In individuals with deviant mental culture, the presence of economic wealth may be a factor in intensifying the commission of deviant acts. Meanwhile, in individuals from the same culture, a decrease in economic capacity may result in a reduction in the commission of deviant acts by them. At the same time, the presence of this component in a person with appropriate culture may intensify their benevolent actions.From the analysis of the research and summarizing the stated content, it can be concluded that although the cause of social deviations is not unitary and definitive, and these deviations result from the combination and accumulation of various factors in an individual, it seems that cultural components have a significant impact on determining social behaviors. Surficial components that do not lead to a change in individuals' mental culture may not be effective in their behavioral domain.Conclusion:According to the research findings, social and external variables such as academic performance, ethnicity, and economic power had a significant and strong relationship with the cultural status of the samples. However, the physical condition of the samples, as a personal and individual variable, did not have a significant relationship with their cultural status.
