جستجوی مقالات مرتبط با کلیدواژه « اعاده حیثیت » در نشریات گروه « علوم اجتماعی »

In Islamic teachings and criminology, punishment is not the main goal. Rather, it is a deterrent to criminals and other people. Therefore, the most important purpose of applying secondary punishment in addition to the main and supplementary punishment is to prevent the risk of repeating crimes in the society for the perpetrators of important crimes who are afraid that they will turn to committing crimes in the future. In this way, the legislator foresees secondary punishments in the law, the most important of which is deprivation of social rights. In this way, it has played an effective role in preventing the repetition of crime and supporting the society. The purpose of this research is the necessity of using the opinions of jurists and jurists on the issue of crime and punishment, especially the consequential punishment, which is by explaining the various issues related to this issue and resolving the ambiguities in the conditions and effects of the consequential punishments in the legal criminal policy of Iran. .

The present research was carried out using a descriptive and analytical method.

The most important conditions for imposing secondary punishments can be mentioned depending on the main punishment, its legality and mandatoryness and time limit, and the effects of secondary punishments are: effectiveness of the execution of the original punishment, effectiveness of the passage of time, Effectiveness of forgiveness, effectiveness of pardon and parole, effective criminal conviction and restoration of dignity.

According to the Article 12 of the country’s Criminal Code of Conduct, any individual who has been wrongly charged and convicted by the Judiciary and then has been acquitted, is entitled to right of rehabilitation (publication of the acquittal verdict in one of mass circulating newspapers). This article is meant to restore the damaged reputation and this procedure also generates income for the Press, But there are some shortcomings with this piece of law which makes it ineffective and courts are usually reluctant to issue such verdict. The limited scope of publicity, means of publication, nature of the verdict, the party that applies for publication and relations with restoration of social rights, are some of the loopholes of the said Article. The deficiency of the law originates from issues such as how a publication could be considered as mass circulation, orientation of the verdict, legal persons, meaning of notification and lack of guarantee for publication and defects of law concerning the requesting authority, reputation, rights of third parties, apology by the guilty party, source of income and classification of crimes. This paper examines the ineffectiveness of this article of the law with a specific attention to financial problems of the judiciary and the high cost of publication as well as proposing a more efficient alternative law to replace the existing one

With the expansion of advanced technologies, the crime becomes various and diverse. Many of the previous laws and procedures for dealing with the crime seem inefficient. One of the most important instances of advanced technology is cyberspace and it's related tools and items such as computers, smart phones and social networks. Every day in cyberspace, much crime happens that a great number of it is committed against spiritual dignity of individuals. Some instances of crime such as insult, defamation and dissemination of cyber false information occasionally destroy spiritual dignity of individuals more in comparison with crime in real life, since in cyberspace the speed and scope of spreading any news in extremely high. Also dignity can be resorted and spiritual damage inflicted to individuals can be compensated in real atmosphere, while, such a possibility does not exist in cyberspace. In fact, the current laws don't allow resorting dignity of individuals from cybercrimes and commitment of any crime against spiritual dignity of individuals should be prevented by taking a proactive approach and citizenship training's. Why, given the challenges of cyberspace and its intrinsic properties, if criminal content against spiritual dignity of individuals to be published in cyberspace, the possibility of rehabilitation and compensation for moral damages are not fully existed.