فهرست مطالب hassan-ali moazen zadegan

The restorative proceedings of children in conflict with the law with a compromise-oriented approach and relying on compensation seeks to institutionalize the literature of fallibility and admitting mistakes by the offender, respecting the victim and trying to truly sympathize with him in the structure of criminal justice. Therefore, the emphasis of international documents on the need to resort to restorative programs for children in conflict with the law has led to the formation of the principles and fundamental rights of children's restorative proceedings with the law.

The present research is done in a descriptive and analytical way.

The findings of the research are based on international documents regarding restorative approaches, principles such as: the principle of minimum criminal intervention, the principle of interpretation, the principle of the participation of children's proceedings, the principle of ensuring the best interests of children and adolescents, the principle of confidentiality of restorative proceedings of children who are against the law, The principle of responsibility and accountability of children in conflict with the law, the principle of guaranteeing the standards of human rights, respect for human dignity, and the principle of voluntary participation in the restorative process are considered as the principles of restorative proceedings for children in conflict with the law.

Part of the criteria of the fundamental rights of the restorative proceedings of children in conflict with the law are things such as allowing children in conflict with the law to freely express their opinions and views,

due to the dangerous situation of the victim in the proceedings and his influence on the fate of the criminal case, it is necessary to ensure his security, especially in crimes against the fundamental rights of the nation, to provide him with adequate protection and protection. Because in this category of crimes The victims alone cannot stand against the authorities and officers who abuse their power. Therefore, special measures must be taken to protect them.

This research is theoretical in terms of its practical purpose and topic, and the content is presented in a descriptive and analytical style.

Ensuring the safety of victims of crimes against the fundamental rights of the nation in Iran's laws, both in the matter of preserving their identity and in the matter of providing physical-psychological security, has many challenges, and in order to ensure the safety of the victims as much as possible, a set of factors and institutions must be including the legislative, judicial and executive powers to intervene and cooperate.

The most important requirements for ensuring the safety of the victims of crimes against the nation's constitutional rights are the selection of special and expert judges, identity concealment, specialization of the authorities and the use of new technologies instead of the physical presence of the victims, along with the necessary mechanisms to compensate for their material and moral damages. Is.

In a democratic society, the fight against terrorism is based almost exclusively on crime prevention. If the prevention of terrorism is addressed properly, there will be no need for a military strike because terrorists will not have the opportunity to carry out their goals and activities. One of the most related aspects of terrorism is the financing of its perpetrators and their activities. Accordingly, the present article aims to investigate the prevention of terrorist financing from the perspective of global criminology. Given that crime prevention is a significant component of criminal policy, which is aimed to limit the opportunity for perpetrators by making impossible or difficult the possibility of their criminal activities, the focus of preventive measures places on non-punitive sanctions or methods. However, criminalization of terrorism and its financing could be defined as a preventive measures based on penal mechanism, called ‘reactive prevention’. Consequently, an ideal pattern for international prevention of terrorism and terrorist financing is to promote the legislation within the domestic legal systems of all countries in the international community. By recognizing internationally-recognized norms and standards and implementing them in countries’ domestic legal systems, it could be expected that terrorism and terrorist financing would be prevented in a more effective manner.

The implementation of justice is considered the main goal in any legal-political system. The administration of justice in various fields, both criminal and non-criminal, has special manifestations, effects and rulings. In the criminal field, the discovery of the crime and the trial process are also very important.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Crime discovery is the first and most basic issue in the process of criminal proceedings and achieving criminal justice. In fact, this stage is considered the cornerstone of the next stages and directly creates many diverse works. The stage of crime detection, like other stages of criminal justice, has certain basic principles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The findings of the research are that although Iran's laws have specified many of these principles; However, there are gaps in some principles such as the right to choose a lawyer and the legality of obtaining evidence in the Criminal Procedure Law.

One of the most important reasons for proving a crime is the use of scientific evidence in detecting and proving crimes and preventing them. There are several challenges to the application of this type of evidence in our criminal law, which by referring to existing texts through descriptive-analytical research and judicial review, legislative challenges and judicial challenges can be considered as the most important of them. It seems that the subjectivity of evidence as the most important challenge can overshadow the application of scientific evidence. The multiplicity of trustees and regulations in the field of expertise creates fragmentation and dissatisfaction, and the lack of privacy regulations can lead to the abuse of law by defendants and officers. The disregard for scientific evidence is partly rooted in the law and the opinions of jurists regarding scientific evidence. It seems that the revision of the Islamic Penal Code in order to eliminate the subjectivity of evidence, not obliging the judge to issue a verdict based on thematic evidence, the adoption of privacy regulations when using scientific evidence, providing experienced manpower and their continuous training, providing sufficient funds and equipping cities to improve the quality of services provided by the Forensic Medicine Organization, Integrating the institutions and regulations governing the process and execution of expertise method, Increasing the monitoring of the performance of experts and their evaluation based on competence and also calculation of wages based on their ranking, can improve the efficiency of scientific evidence in Iranian criminal law.

The need to prevent re-victimization can be examined in two ways: On the one hand, it causes double harm to the victim, whose debilitating effects have outweighed the original harm caused by the crime, On the other hand, it is important because it paves the way for the continuation of the injury-trauma cycle and turning the victim into a criminal. , Therefore, it is necessary to intervene in the process of this cycle through a variety of clinical approaches in order to stop it. The present study, using a descriptive method and library data investigates a variety of effects of crime; including cognitive, behavioral, and biological changes, considering the importance of preventing re-victimization. Findings showed that clinical approaches to coping with injuries such as cognitive, behavioral, behavioral-cognitive approaches and pharmacological interventions are effective in reducing or eliminating double injuries and subsequent recurrent burnout by turning the injury into an opportunity for growing change,Therefore, clinical approaches are a necessary tool for empowering the victim and preventing re-victimization.

The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. One of the most important principles of fair trial is related to the implementation of the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence; That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran; Because now, on the one hand, the Deputy for Execution of Criminal Judgments is under the jurisdiction of the Prosecutor's Office, and the Executing Judge acts under the supervision of the Prosecutor, both of whom lack full independence in executing judgments, and on the other hand, the Execution Judge has jurisdiction to change the sentence. It does not use correctional institutions such as parole and suspension of punishment, which is contrary to the principle of judicial independence and...

Despite some extremist criticisms of criminological approaches, social reaction to the formal criminal justice system, adverse effects of inclusion in the judicial process, lengthy and costly, adverse effects of labeling early deviations, lack of specialization Structural and lack of real repair of injuries to victims is one of the most prominent undeniable features of the traditional criminal justice process. Due to the prominence of the above-mentioned objections, the implementation of court programs to protect the interests of children and adolescents in conflict with the law has been created with the aim of correcting and rehabilitating them instead of punishing them. Therefore, in this article, we are looking for the pathology of restorative medicine for children in conflict with the law in relation to the current situation of the country's legal system.

The present study is a descriptive and analytical study in the form of a library-documentary.

Failure to pay attention to juvenile justice conferences and public and family meetings, optional criminal mediation, lack of the right to a lawyer in juvenile remedial proceedings, rejection of criminal mediation in crime detection and execution, referral Mediation in minor offenses and imposing time limits on referral to mediation are among the challenges of implementing remedial programs in juvenile justice. These challenges are incompatible, foundations and goals of restorative justice for children and adolescents and provide the basis for juveniles and adolescents who oppose the law with the process of criminal justice, recidivism and criminal character.

One of the important issues in the field of research is what are the theories in the direction of the etiological orientations of administrative criminlogy? In response to this question, it can be said that theories in contemporary criminology that are rooted in the classical doctrine of utility are theories of crime opportunity, which today are commonly referred to as the Clark and Cornish Foundation micro-selection theories, daily activities and Cohen and Felson's lifestyle and Oscar Newman's defensible spaces are among the foundations of managerial criminology.

The research method of this article is descriptive-analytical.

administrative criminlogy seeks to manage and prevent the occurrence of crime based on the views of the opportunity of the crime and control of all opportunities and make the crime less attractive to criminals in the transition from power to action. Consequently, in explaining the relationship between administrative criminlogy and the criminology of action or criminal behavior, given the common ground between action and administrative criminologies, it seems that these two criminological tendencies can be translated into a concept. Arranged in the branches of theoretical and applied criminology. Acceptance of opportunity as a factor for the occurrence of delinquency has created a new arena and field of action for policy to prevent delinquency by reducing delinquent opportunities. Circulars of the Administrative and Employment Organization of the country in line with the approvals of the National Staff for Corona Disease Management to impose restrictions by changing the pattern of daily

In this article, the legislative, executive and structural obstacles and challenges of the semi-liberty system will be discussed, and among them it can be said that the judicial culture among judges regarding semi-liberty has not yet taken the necessary form and public and social culture-building. Has not been and the centers and organizations of semi-freedom have not been established yet. The article also mentions the challenge of the necessity of pardoning a private plaintiff that even if there are conditions and the judge of the criminal court agrees, if the plaintiff does not pardon, he can not be sentenced to half freedom Legal enforcement guarantee in case of recidivism by a person enjoying a semi-liberty system. Regarding violations of the law, it is better to amend the law and need to explain more examples of semi-liberty, and in the absence of an executive guarantee, while amending the law, measures similar to those under parole should be adopted. Regarding structural challenges such as lack of financial context, it is necessary to consider some necessary financial resources, and regarding the lack of independent organization, it is necessary to create a special organization under the direct supervision of the judiciary. There is also ambiguity in the current laws regarding the role of the prosecutor and the execution judge, which requires an explicit text. In addition, training the agents of the criminal justice system by raising awareness can lead to the acceptance and better implementation of the semi-liberal method.

Considering the importance and effects of pretrial detention in Iran and the United States, it is important to consider the need for fair trial in this regard. In this article, in order to examine the fairness of the pretrial detention in these two countries, the presumption of innocence and equality of arms are considered as two essential principles for a fair trial as a basis. The examination of the presumption of innocence shows that the defendant's detention is not consistent with this principle, therefore, in both countries, measures such as limiting the issuance of a proceeding, the right to compensation and the right of appeal are anticipated. The study of the principle of equality of arms in this case shows that the detention of the accused is not consistent with the principle, Especially in Iran, where prosecutors can sometimes order pretrial detention. In American law, the judge who is neutral can issue this order. In both countries, there is a right of access to a lawyer in order to strengthen the defense rights of the accused at the time of his detention.

Iran's criminal policy in narcotics and psychotropic crimes has been based on a preventive criminal criminal policy. Has also tended towards mass-oriented criminal policy; The context for creating a criminal policy against drug crimes has been such that it has always been in favor of the "deterrence theory" and has legitimized the death penalty; At some point in time, and especially in recent years, the legislature has tried to adjust its criminal policy and in 2017 in the form of adding a legal article to the Anti-Narcotics Law; Make a fundamental change in it, a clear example of which is the huge reduction in the number of executions and life imprisonment in this law; Adjusting the preventive criminal policy against narcotics and psychotropic crimes will play a great role in eliminating the execution of Iran's criminal justice system and promoting Iran's human rights position in the international community; This adjustment can be attributed to the post-revolutionary criminal experience and internal and external criticisms of the preventive and strict criminal policy; The criminal policy proposed in this article is a non-criminal preventive criminal policy in the fight against drugs.

Beyhaqi History One of the most important Persian prose texts during the last millennium has been revered by lovers of Persian literature. This book has a multiplier of what we have now, missing sections, and despite being centered on Massoud Ghaznavi, it is not merely a historical book, but has political, social, cultural and, in particular, political ideas Ghaznavi's rulers - in the area of ​​controlling criminals, have been through mere suppression or with specific measures and measures to prevent crime. Therefore, the authors seek to find a model of criminal policy in the history of Bayhaqi in view of the above, and which model is closest to today's model. Tracing some of the political manifestations and features of the authoritarian system in this work leads to the study of a new concept of criminal policy (especially authoritarian criminal policy) from this topic.

The presumption of innocence as one of the fundamental principles and strategic Criminal Procedure requires to including the accused defense rights were ongoing before the final votes. This entails recognizing two degrees proceedings. A subject which were not respected to modify the Code of Criminal Procedure Act of 1392 on Criminal attached court order votes And  The ability to substantive appeal for these votes is not anticipated. The trial of the criminal court with the system of plurality of judges and the consideration of the appeal to the supreme court for the defendants of this court, in no way justifies the exclusion of the substantive appeal and  Does not guarantee the defendantchr('39')s defense rights  According to the Iranian legislator modeling in the current Criminal Procedure Legislation of France Criminal Procedure Code, comparative study of the Criminal Procedure Code France In Compliance with the principle of two degrees of votes Criminal Court that corresponding to the Criminal Court One Iran shows the legislative penal France in terms recognize the structures of substantive appeale votes and rights to defense, unlike the Iranian criminal law, to properly secure his defense rights.

As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering the crimes of legal entities and their crimes, in this research, the foundations and distinctive features of the criminal procedure of criminal offenses of legal persons are examined in the preliminary stage of the preliminary investigation. According to the descriptive-analytical method, the differentiation of the prosecution system into the credibility of the personality of the perpetrator, the specific characteristics of the legal person and the impossibility of the implementation of some rules and rules of procedure regarding them, which inevitably requires the legislator to adopt a special code for The prosecution of the crimes of the abovementioned persons has stipulated that, in practice, it is not possible to attract legal persons, and if there is sufficient reason to charge the charges to legal persons, a legal person is warned to introduce his lawyer or lawyer to explain the charge, and in The reason is sufficient reason to charge a person with legal rights.

At the present time, the recognition of criminal responsibility for legal persons is a prerequisite for the exercise of criminal law objectives in society, and the condition for committing a crime is on account of a legal person or by legal entities or representatives, and criminal law cannot be subject to the same criteria as the liability of natural persons. Justify the responsibility of legal entities. Lawmakers, on the other hand, have different goals of creating and enforcing rights for individuals in society. In some rights, such as personality rights, lawmakers are more important than the right holder in protecting public order and human dignity. However, in cases where state-owned legal entities and public nongovernmental organizations perform sovereign affairs, they are exempt from criminal liability and will only be subject to the general rule of criminal liability of legal persons only when engaged in administrative matters. Therefore, this article has attempted to evaluate the responsibility and procedure of criminal justice for sovereign legal persons without any particular view and only from the perspective of legal personality and legal political sociology. Based on the results of the research, it can be stated that public legal entities and public nongovernmental organizations are exempt from criminal responsibility and only in cases where they are active in the field of justice, they will be subject to the general rule of criminal liability of legal persons. It will deprive the person of their rights

Models of response to children unlawful behaviors are grouped into five categories, penal justice, welfare, restorative, minimum intervention, and risk management. Each of these models attempts to correct delinquent children in a different way and with varying degrees of impact, and non-punishment or mild punishment may lead to further correction of delinquent children in certain offenses. This study aimed to compare the extent and manner of application of the Minimum Intervention Model with other models in Shahid Fahmideh Judicial Complex of Tehran. It was performed through the explanatory content analysis method and the statistical population consisted of 100 cases selected from two branches of this complex using the purposive non-probability sampling method. After the data were collected, they were analyzed in SPSS, and the percentages of frequency were as follows: 20% of the cases were not responded due to order for suspension of prosecution and 76% of the cases had at least one of the intervention indicators in addition to other response models. Findings indicated that the judges of this complex used the Minimum Intervention Model more than other models. Although the use of this model in the area of criminal justice for children and adolescents is a positive action, it must be adjusted in some offenses.

The previous shortcomings in children and adolescents’ criminal provision caused reconsideration on some relevant regulations in criminal procedure code passed in 2013. So the main question is that how much successful have those changes been in order to meet the adolescent’s benefit and also to what extent have the obstacles been removed. This study taking a descriptive- analytical method and using library resources finds that despite some alteration made by the legislator there still some problems remain. Among those are the possibilities of warranty for bail and security only for adolescent not for the parents, the existence of ambiguity in the meaning of Bail and its conditions, issue of claiming bail from a teenager under the age of 18 who simultaneously is admissible to sign a contract.

For many years, all the attention was focus on the rights of the accused in the criminal procedure. It was justified by the defendant being defenseless before the prosecutor's office. In the meantime, the role of the victim in the advancement of the preliminary investigation process was underestimated and he was passive. With victim-oriented approach, some of the criminal justice systems targeted his role. In the Criminal Procedure Code of Iran, victim's rights have undergone major changes in the Code of Criminal Procedure, approved in 2013, in accordance with human rights standards. At the head of these developments are the right to security and the right to maintain identity. Our studies have shown that the approach of the Criminal Procedure Code of Iran, in comparison with the former laws, has taken into account a participatory and active role for the victim in the context of preparatory research. The prediction of the innovative rights in the law provides for the further participation of the victim in order to declare, disclose, prosecute and investigate the crime; including the explicit and transparent support of victim's security against potential threats and the need to maintain his identity.

The testimony as a proof of crime, after confession, has a special place in Iran's criminal justice system and unlike some of the evidence, such as confession, education requires citizens to participate. In this process, the fulfillment of the functionalist role for intuition and knowledge requires the use of certain supportive methods that are rooted in the protection of individual and social rights and, to a significant extent, have the foundations of human rights. Therefore, in order to understand the basis of these measures, it is desirable to draw up its provisions based on the protection of human rights and human dignity and the promotion of justice. The Iranian version of Iran's Code of Conduct also replaced the passive approach in the new version in comparison with the previous laws and determined the definition and allocation of the special rights of witnesses and informers. The comparison of domestic law with international and regional documents also reflects the relative alignment of the current domestic lawmaker's approach to human rights standards. However, in some areas such as women's testimony, we have faced challenges. However, the results of our studies have shown that the Criminal Procedure Code provides more legitimate regulation than the role of witnesses and informants in comparison to former laws.

Diversion, one of committed crimes as changing the path of addressing committed crime is an approach considered by the criminal justice system especially in relation to the committed crimes by certain groups of society. Performing these measures is of great importance especially in case of criminals with some type of mental disorder. Considering the fact that the justice's executives, as the first deploy of criminal justice system, play a role in against crimes and criminals, performing the measures related to diversion in the criminals in primary researches by the executives is important both regarding the reduction of economic costs of the criminal justice system and in terms of reaching to the goals of diversion. Attention to the interference patterns of the executives in the process of addressing the criminal's crimes indicate that today "crisis intervention team", as a group of educated police officers, play a pivotal role in performing diversion measures in the primary researches stage. To this end, the officers plying a role in the team are capable of making decisions for not introducing the criminals to the judicial centers depending on the type and nature of the crimes. In this paper, with investigation of duties and authorities of the justice's executives in the legal system of Iran and the U.S against the criminals having mental disorders, we conclude that unlike the legal system of the U.S, in the Iran' legal system lawmaker lacks a particular approach regarding the diversion from the committed crimes in the process of primary researches.

Since 1984, criminal law more than any other period has been specified under the framework of human rights and consequently limited based on its principal. It was followed by the emergence of a new approach called “quality of law principle”. In criminal law, which was presented by European Court of Human Rights for the first time then in the content of verdicts issued by this international judicial institute and reconsideration of criminal law legality principle, it has developed and become more consistent with social justice and manners. According to this principle, the qualitative law is a law which is consistent with quality elements of law based on human rights and moral principles. It is interesting to note that lack of each requirement voids the related law and according to Court’s case law, the existence of such law would not be different from lack of law. In present paper, through the investigation of physician liability and focus on article 495 of Islamic Penal Code as the key to legislation in this regard, and given the requirements of quality of law principle, it has been concluded that the above mentioned provision and all other articles related to this context are not consistent with elements of “the Quality of Law”, thus with failure to meet the minimum criteria of justice, social morality and human rights, the law fails to have the required quality and consequently, it is recommended to legislate based on the criteria of Quality of Law.

Electronic trial means basing criminal proceedings upon electronic devices, logging, processing and exchanging information, which is a new phenomenon accompanied by computerizing of the works. It is supposed that this process plays an important role in modernizing criminal proceedings and making it more fair and economic.
In relation to the laws, electronic trial is a vague title on the ninth chapter of the Criminal Procedure Act, and is completely different from proceedings in computer crimes. There is partial overlap between these two, because electronic trial is about to use electronic instruments to try all crimes, but in trial of computer crimes, the purpose is to prove these type of crimes, using all possible ways, modern or traditional (non-electronic). Although, because trial of computer crimes is one type of differential proceedings, and this has been considered important in the Criminal Procedure Act, the differentiating factor is the use of computer in trial of computer crime. In other words, as the perpetrator uses computer to commit the crime, she will be tried by using the capabilities provided by computer. By doing so, trial of computer crimes will be a part of the electronic trial and their relationship will be a complete overlap.

The relation between ethics and criminal law is discussable from two viewpoints of ethics relation with substantial criminal law and contractual criminal law. This study aimed to analyze the examples of sovereignty of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law.
In this qualitative research, document analysis method was used. In order to introduce main conceptions, the phrases of the Iran’s Code of Criminal Law was firstly defined and then, the examples were analyzed and discussed.
Findings: The examples of governance of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law has been paid attention under two main items: judicial officials tasks and victim actions. The possibility of ignoring the moralities in the primary investigations process by both judicial officials and accused person is more than other phases of investigation. Regarding the breach of ethical requirements in the primary investigations process lacks any legal guarantee, therefore, the consciousness and moralities are just executive guarantees.
The findings indicate that according to the Iran’s Code of Criminal Law, the primary investigations of judicial officials is not based on the law text but is based on the ethical requirements and moralities. Moreover, in many cases the lawmaker has assigned some tasks and duties for the judicial officials that their just executive guarantee is ethical requirements.