فهرست مطالب

نشریه کارآگاه
پیاپی 62 (بهار 1402)

تاریخ انتشار: 1402/01/01
تعداد عناوین: 10

فارسی
English

انتخاب همه

The relationship between the government and criminal populism in the context of judicial criminal policy with an emphasis on murder cases

baharak shahed, ali aqapoor Pages 21-38

Background and purpose

populism was first mentioned in political science, but the populist movements of the officials of the criminal justice system regarding the increase in crimes and... caused attention to the will of the people and public opinion in criminal policies, hence The statesmen, considering the ineffectiveness of correction and treatment models against the crime rate and the very high cost of these approaches, and the economic crisis of the governments and the increasing demand of the people in the field of providing security and comfort, caused the emergence of populist criminal policies, hence in this The research seeks to examine the relationship between the government and criminal populism and its consequences in criminal justice policy.

Method

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

Findings and results

The findings of the research indicate that factors such as: public fear and concern about crime, exaggerated media representation of crimes and weakening of welfare states have played a role in the formation of extra-systemic platforms for the emergence of criminal populism policy by governments. and factors such as managerialism in the criminal justice system and the introduction of election slogans in criminal politics are also involved in the formation of the intra-system platforms of governments. Also, the results of the research indicate that haste in proceedings, non-compliance with the principle of equality of arms, non-compliance with the principle of judicial independence and non-compliance with the principle of judicial impartiality are the most important consequences

Keywords: The government, criminal populism, judicial criminal policy, haste in proceedings, Murder cases

Abstract View Paper Research/Original Article Original: Persian
Civil and criminal liability of municipalitiesFor urban environmental hazards caused by medical waste

abdollah rajabi, eisa Alijanpour Pages 39-54

Background and purpose

One of the issues in environmental health is the collection, disposal and burial of medical waste, which in case of incorrect actions can become one of the serious urban environmental problems, therefore municipalities as A non-governmental public law institution in performing the duties of providing services to the people may lead to some damages in this field, and therefore the principle of justice requires that individuals, both legal and real, have civil and criminal responsibility for their behavior.

to be Method

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

Findings and results

In the civil responsibility of the municipality for urban environmental hazards caused by medical waste due to personal fault, the employee of the municipality is obliged to compensate the damage from his own property, and in the case of administrative error, the municipality is held responsible, and when the damage is caused by the fault If it is personal and an administrative error, the rule of administrative solidarity of the employee will also cause responsibility, while looking at Article 2 of the Executive Regulations of the Waste Management Law, the organs are also involved in this matter, and in determining the dimensions of civil responsibility of the municipalities, the fault of other organs should be The issue of wastes was also considered for a better evaluation, in the criminal responsibility of the municipality,

Keywords: Civil liability, criminal liability, municipality, legal entities, environmental hazards

Abstract View Paper Research/Original Article Original: Persian
Developments in criminology of the rules of multiplicity and repetition of crimes in the law on reducing the punishment of taziri imprisonment approved in 2019

jafar zainali, majid shayegan, hamidreza mirzajani Pages 82-99

Background and purpose

due to the ineffectiveness of prison punishment in reforming and rehabilitating prisoners, as well as due to the damage caused by it, which has caused an increase in the criminal population of prisons, the officials of the criminal justice system have encouraged the use of punishment to to limit as much as possible, based on this, the law on reducing the punishment of penal servitude was approved in 2019 with the aim of decriminalization. This law, while reducing the punishment (not only prison) of some penal crimes, changed many concepts and institutions of criminal law or their territory such as multiplicity and repetition of crime.

Method

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

Findings and results

The policy of the reform law, with regard to the way of punishment for multiple and repeated crimes, is in a way in favor of the accused and in line with the general policies of the system, based on de-incarceration, reducing the criminal prison population and reducing the financial burden of keeping prisoners. and it is somehow close to the findings of criminology and criminology and the goals of applying punishments, especially reforming and rehabilitating criminals, and punishment in this field is also consistent with the goals of the legislator from the enactment and approval of the law on reducing prison sentences.

Keywords: Criminology, multiplicity of crimes, repetition of crimes, rules for increasing punishment, law for reducing the punishment of penal servitude

Abstract View Paper Research/Original Article Original: Persian
The criminal policy of Islam and Iran regarding the acceptance of apostate repentance in order to remove the suspicion of violence

Faranak Pousti, Ahmad Bagheri, Younes Wahed Yarijan Pages 133-152

Background and Goal:

The phenomenon of apostasy, in the sense of returning from Islam to disbelief, is one of the most controversial jurisprudential and legal issues. The main difference between the decre for an innane (or fetri) apostate man on one hand, and an innane apostate woman and a national apostate man or woman on the other hand, is that after proving apostasy, innane apostate men are killed without punishment, while other types of apostates are punished by the ruler. Therefore, this question arises that what is the difference between “repentance” and “asking for repentance”? And according to the opinions of the jurists that “asking for repentance” of an innane apostate man would be rejected, is it possible to accept his true repentance by referring to the verses of the Qur'an?

Method

This research has been conducted with a documentary method through the study of authentic jurisprudence-legal books. Obtained information was then processed through a descriptive-analytical method.

Findings and Results

Repentance in the Islamic penal system is considered as one of the factors for punishment fall or reduction. Also, they are principally considered as discretionary punishment, with the exception of those whose hadds are established by authentic texts, such as adultery, buggery, alcohol drinking, etc. In the famous opinion of jurists, the decre of the apostate is not considered as one of the divine rules, that is, one of the fixed and unchangeable rules.

Keywords: apostasy, penal policy, violence, repentance, asking for recantation

Abstract View Paper Research/Original Article Original: Persian
Feasibility of limited use of imprisonment in accordance with Islamic Sharia

mohamad yosef hasani, kiyomars kalantari, aliakbar esmaeili Pages 153-171

The purpose of compiling this research is to examine the possibility of limited application of imprisonment in accordance with Islamic Sharia. Due to the ineffectiveness of prison punishment in reforming and rehabilitating prisoners, as well as due to the resulting injuries that have caused an increase in the criminal population of prisons, the officials of the criminal justice system have decided to limit the use of punishment as much as possible. This is despite the fact that Islamic Sharia has recognized the ineffectiveness of prison from the beginning and in religious thought, imprisonment is not considered as the main punishment and as one of the examples of tazeer, it is a protective and educational measure and has the aspect of correction, deterrence and prevention of crime. The cases where prison has been used as a punishment have been brought up as a necessity and are basically incompatible with the logic of Islam, which tries to educate the people of the society. The current research method is descriptive-analytical, which has studied the examples of imprisonment in Shari'ah and its approach to reducing the use of imprisonment by studying books and articles. The results show that after the victory of the Islamic revolution, most of Iran's laws were taken from Imamiyyah jurisprudence, but regarding the use of prison punishment, the link of the legislator with Islamic law and Anwar's Sharia has been broken, because in the penal policy of Islam, which is manifested as a part of jurisprudence does.

Keywords: Prison, punishment, crime, release from imprisonment, Imami jurisprudence

Abstract View Paper Research/Original Article Original: Persian
The concept and place of participatory legislation

alidad shabazi, Khairala Parvin, Mansour Farrokhi Pages 173-195

Field and Aims

Democracy is a new and imported phenomenon in most countries and its importance has increased to such an extent that many non-democratic systems use the word democracy to make their political system appear legitimate.Citizens' participation in legislation will stabilize and promote maximum democracy, increase citizens' trust in the government, increase the legitimacy of the government and the rule of law in the countries. Based on this, we examine the concept of participatory legislation and its place in the legal system of Germany, Switzerland and America.

Method

The present research was carried out with a descriptive analytical method.

Finding and Conclusion

According to the experience of the studied countries, citizens' participation in legislation improves the quality of the laws in terms of compliance with the real needs of the society, enforceability, acceptance of the target society and the achievement of the goals of the laws. The results of the research show that the German government is democratically It is accountable to voters who are free to throw their support behind the candidates and parties of their choice without undue influence.Participation in the political process in the United States is based on the consent of the people, the participation of citizens in the political process is the default. Also, the people's right to sovereignty in Switzerland has been established both in the form of representative democracy through holding elections and in the form of direct democracy.

Keywords: participatory legislation, democracy, citizenship rights, German law

Abstract View Paper 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 62 (بهار 1402)

نشریه کارآگاه

Karagah

نشریه کارآگاه
پیاپی 62 (بهار 1402)