فهرست مطالب

نشریه کارآگاه
پیاپی 56 (پاییز 1400)

تاریخ انتشار: 1400/09/01
تعداد عناوین: 10

فارسی
English

انتخاب همه

EU countermeasures against terrorism after 9/11

saeideh pirbodaghi, mohsen abdollahi * Pages 43-63

The European Union has taken important steps in the field of counter-terrorism. An examination of the growing movement of counter-terrorism legal measures at the EU level shows well that the haste of governments in the military fight against terrorism in the aftermath of 9/11 has not been instrumental in suppressing terrorism. And despite the initial idea of eliminating terrorist groups and organizations, such a success has never been achieved. , Have strengthened the legal mechanism and expanded the sources of law enforcement through the adoption of numerous legal documents and special instructions to combat terrorism. Therefore, this article seeks to state that due to the ineffectiveness of the military confrontation with terrorism immediately after the terrorist attacks of 9/11, which greatly reduced the public expectation and demand for the rule of law, the European Union adopted several legal instruments and Returning to the law enforcement approach to counter-terrorism, it has set global standards for achieving a balance between civil liberties and national security. The area of the fight against terrorism is concerned with the rule of law and the validity of international human rights and humanitarian law standards.

Keywords: Terrorism, Counter-Terrorism, European Union, Law Enforcement

Abstract View Paper Research/Original Article Original: Persian
Analysis of confiscation of property resulting from a crime with emphasis on Article 49 of the Constitution

mohammad Ahangari *, Ali chahkandi Nejad, mohammad Razavi Pages 65-84

One of the most important actions taken against property related to a crime is the confiscation of this property in the form of confiscation, and ownership is respected only if it arises legally. Therefore, it is necessary to usurp the property of others and to seize or possess illegitimate public property and to reject or return them to the rightful owners. Accordingly, we seek to answer the question of what the confiscation of property resulting from a crime under Article 49 of the Constitution includes, and on what basis can it be analyzed?Research

Method

Due to the nature of the subject, the present study has been done in terms of applied purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

Findings and Results

Confiscation of property of the convicted person by the government in one of the legal methods based on the laws of the country (or especially Article 49 of the Constitution), verses and hadiths and examples of confiscation of property in jurisprudence include: return of public property, taking property from the usurper , Retaliation, rejection, taking and its derivatives

Keywords: Confiscation of property, Crime, constitution, usurpation, public property, restitution of property

Abstract View Paper Research/Original Article Original: Persian
The relationship between the criterion of proof and the level of intimidation in criminal law and its reflection in the legislative and judicial system of Iran

mohsen molaei bani asadi, mohamad aminizadeh *, seyed mahdi mansouri Pages 85-104

Background and Aim

The principle of innocence requires that individuals be presumed innocent on suspicion of guilt and sentenced only if, beyond any doubt, the conscience of the judge is satisfied that the accused has committed a crime. This approach, which is consistent with the punitive function of punishment, makes it more difficult to prove guilt and inadvertently opens the door to escape from conviction and punishment, making it impossible to achieve the goals of intimidation and prevention.

Method

In the present study, which has been done by descriptive method and in a library method, it has been shown that there is a logical relationship between the criterion of proof and the purposes of punishment.

Findings and Results

The stricter the evidence for a crime based on this criterion, the less intimidation is achieved, and the simpler the possibility of criminal convictions, the lower the penalty. The principle of innocence or the criterion of conviction, beyond reasonable doubt, has become a slogan, and the legislative and judicial policies of countries have moved towards simplifying the proof of guilt. Increasing criminality in the field of material crimes, merely assuming the elements of the crime, standardizing the result instead of the material element, criminalizing unintentional crimes and predicting organized crime, and assuming the guilt of the proceeds, an.

Keywords: innocence principle, proof criterion, conscience persuasion, punishment, intimidation

Abstract View Paper Research/Original Article Original: Persian
Study of Operational Strategies for Identifying and Managing the Process of Countering the Use of Nuclear Weapons in Terrorist Crimes

Peyman Namamian *, Morteza Shoaei Pages 105-128

Background and Aim

The proliferation of nuclear weapons, especially for the commission of terrorist offenses, is a serious threat to international peace and security. Countless legal and political tools have been developed since the beginning of the nuclear age to contain this threat. Nuclear weapons, in accordance with international law, affirm the protection of human health, human rights, the environment and peace, the existence of which violates the rights of future generations in the world.

Findings and Results

Identifying and managing the process of countering the use of nuclear weapons in committing terrorist crimes can be considered as an important and fundamental strategy in the process of globalization of nuclear weapons; However, governments with such weapons are strongly opposed. Therefore, in the process of identification and criminology management, it must be acknowledged that nuclear weapons must be placed in the framework of a court such as the International Criminal Court in order to have the universal jurisdiction of international crimes to attack the perpetrators of such weapons and use them in terrorist crimes. Therefore, by amending the Rome Statute and including the use of nuclear weapons in the commission of international crimes, especially terrorist crimes, such a phenomenon can be effectively countered; However, the process of identifying and criminalizing management in this area requires a new agreement between governments and international organizations.

Keywords: Nuclear Weapons, Non-Proliferation Regime, Identification, Management of the Process of Countering the Use of Nuclear Weapons, Criminalization of Nuclear Proliferation, Terrorist Crimes

Abstract View Paper Research/Original Article Original: Persian
Qualities of intensifying the punishment of crimes of the armed forces in the criminal policy of Iran and the United States

Pages 129-148

In the field of military crimes and punishments, the legislator has considered the aggravated qualities from its general and specific aspects in such a way that it has proposed aggravating factors and has proposed the severity of punishment based on these factors; This can also be seen in US criminal policy toward punishing military offenses. Based on this, the question is what is the nature of the aggravated qualities in the legal system of Iran and the United States?

Findings and Results

The criminal policy of Iran and the United States on the subject of crime, where the principle of government and the governing body is violated, has been designed and devised with a strict discriminatory policy with the death penalty, and what is the fundamental difference in terms of differences? The fact that legislative and judicial criminal policy in American law is based on criminological teachings and ideologies in a precise and orderly harmony, which has led to the excellence and success of this legal system, but on the contrary in Iranian law. Legislative and judicial criminal policy with the least attention and scrutiny are in the form of anomalies in conflict with each other, which ultimately leads to the failure to achieve the inherent goals of punishment and the inefficiency of judicial criminal policy.

Keywords: Crime, aggravated qualities, Iranian legal system, US legal system, Armed forces

Abstract View Paper Research/Original Article Original: Persian
The position of restorative justice in supporting foreign investment in Iran's legislative criminal policy

safdar yosefi, mansour atashene *, mohsen shekarchizadeh, raziye Ghasemi Kahrizsangi Pages 149-165

Background and Aim

Foreign investment is the intersection of the national interests of the host country with the respective countries of the investors. By considering the disruption of the foreign investment process as a criminal phenomenon, the investigation of the issue from the perspective of criminal policy becomes inevitable. The purpose of this study is to explain the position of restorative strategies in supporting foreign investment in Iran's legislative criminal policy. In this regard, two major restructuring strategies aimed at compensating for the disruptive practices and procedures of foreign investment by the Iranian criminal policymaker at the legislative level have been envisaged.

Method

The research method is descriptive-analytical and library.

Findings and Results

The findings indicate that the payment of compensation to foreign investors and also the recognition of the right to refer to arbitration to injured foreign investors are among the most important remedial strategies envisaged by the Iranian criminal policymaker in this regard. . Despite the serious concern of the country's criminal policymaker to the strategy of compensation in legal texts and bilateral investment agreements, it seems that the strategy of the right to arbitration, despite the lack of explicit opposition to Iran's legislative criminal policy and the provision of this strategy in many Bilateral investment agreements, the provisions of Article 139 of the Constitution, which make the settlement of disputes arising from foreign investment subject to parliamentary approval, have caused the country's legal policies to not fully comply with the standards adopted by the international consensus.

Keywords: Criminal phenomenon, compensation, restorative justice, foreign investment, criminal policy

Abstract Research/Original Article Original: Persian
Criminal policy against white-collar crimes in the speech and manners of Imam Al

eisa qafari almashiri, mahdi esmaeili *, Hasan Haji Tabar firouzjayi Pages 167-184

Background and Aim

White-collar crimes are important crimes in the administrative system of the Islamic Republic of Iran, which need to be addressed. Considering the instructive life of Imam Ali (AS) in protecting the treasury, in this article, an attempt has been made to examine the criminal policy from the perspective of Imam Ali (AS) with emphasis on white-collar criminals. The main question that is raised and examined in this article is that in the noble book of Nahj al-Balaghah, which expresses the speech and manners of Imam Ali (AS) in relation to dealing with the crimes of white-collar workers, what are the criminal solutions?

Methodology

The present article is a descriptive-analytical and uses the library method to investigate the issue.

Findings and Results

The results of the research indicate that Imam Ali (AS) believed in two approaches to penal policy, punishment and correction. In the punitive approach, they believed in the certainty of punishments, and in the corrective approach, they believed in pardoning and not blaming criminals and avoiding labeling. Regarding the criminal policy of white-collar crimes, they also emphasized on the public execution of punishments, determination, severity and equality in the execution of punishments. In addition, the results indicate that in order to implement criminal policy, high judicial authorities and judges of the courts should take a strong and decisive approach to this issue by using the ideas of Imam Ali .

Keywords: Criminal policy, the life of Imam Ali, white-collar criminals, punitive approach, corrective approach

Abstract Research/Original Article Original: Persian
Analyzing the fight against corruption from the perspective of the Supreme Leader (Emphasizing the statement of the second step of the revolution)

bagher hosseinabadi*, fariba shaygan, majid ghazvineh, ahmad karami Pages 185-214

Introduction

The phenomenon of economic corruption has unfortunate effects and consequences such as damage to economic security, threat to national security, prevalence of discrimination and injustice, loss of legitimacy of the system, slowing the development of the country, increasing the cost of living, political instability.had. Today,economic corruption has crossed the boundaries of time and space and has spread in an organized manner throughout society.

Method

This research has been done with a qualitative approach and the method of qualitative content analysis (documentary analysis) and has systematically used the documentary data to discover, classify and evaluate the data. Data based on related texts in libraries, research centers and organizations, lectures recorded in scientific databases, electronic archives of journals and newspapers,information base of the Office for Publication and Public Works. The Supreme Leader has been studied and studied.
Findings and

Conclusion

According to the statements of the Supreme Leader on various occasions, especially in the statement of the second step of the revolution, the fight against economic corruption in His Holiness's thought, has several important principles, including: the importance and necessity of the struggle; Backgrounds and contexts of emergence and emergence;Requirements,strategies and goals and effects and results of the fight against economic corruption;Each of these components and instances has different characteristics.The main goal and first priority in the fight against economic corruption is within the governing apparatus,and in this regard, public monitoring and reporting;It is very important to deal decisively with large-scale economic corrupters and to use committed and specialized forces.

Keywords: Struggle, economic corruption, Supreme Leader, statement of the second step of the revolution, economic corruptor

Abstract Research/Original Article Original: Persian

علمی مصوب

نشریه کارآگاه

Karagah

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 1735-272X

صاحب امتیاز:

پلیس آگاهی ناجا

مدیر مسئول:

محمد قنبری

سردبیر:

دکتر عبدالله هندیانی

تلفن نشریه: ۰۲۱-۷۳۰۴۶۰۲۸

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فهرست مطالب

نشریه کارآگاه پیاپی 56 (پاییز 1400)

نشریه کارآگاه

Karagah

نشریه کارآگاه
پیاپی 56 (پاییز 1400)