فهرست مطالب اکبر وروائی

The title of security crimes refers to crimes that threaten the existence of the entire society and the government. Undoubtedly, security crimes can be considered as one of the most sensitive and important areas of challenge and confrontation between the rights of sovereignty and the rights of citizens. Criminalization and criminal accountability derived from the governing principles and dignity-oriented components contained in the extra-legal and legislative regulations and human rights requirements imposes the law on the citizens. Observance of dignity-oriented components in criminalization and criminal response to crime and social anomalies leads to the establishment of a proper balance between the rights of the sovereign and the rights of citizens, and failure to observe dignity-oriented components in criminalization and criminal response in security crimes results in an increase in criminal behavior and There will be no cost to society.

The current research is qualitative and according to the nature of the subject, in terms of practical purpose and in terms of collecting information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner.

The country's criminal policy regarding the criminalization and criminal response to security crimes was analyzed and evaluated in terms of dignity-based components in the supra-legislative and legislative regulations and human rights requirements. Criminal accountability guarantees the citizenship rights of the accused and the perpetrators of the aforementioned crimes and promotes the rights of sovereignty.

According to the security-oriented approach governing security crimes, overseeing the criminalization and criminal response of the existing criminal policy with the development of criminalization in the area of ​​citizens' free behavioral space, the application of severe punishments and the lack of amicable criminal responses to such Crimes have brought challenges to the rights and freedoms of citizens. In order to clear the ambiguities in the criminalization and criminal response of security crimes, the legislator should take action to amend and adapt the laws with dignity-oriented components in this field.

The dominance of postmodernism in the life of human societies, and the introduction of various variables into people's lives, has led to the complexity of human relationships. One of the important issues in this field is the increase in tension and violence, among which one of the most important instances of violence is domestic violence. Domestic violence has different dimensions and examples, including violence against women, violence against children and adolescents, etc. The present study, which has been conducted through the descriptive-analytical method, will evaluate the criminalization basics of this phenomenon in Iran's legal system and Jaʽfari jurisprudence. The present study shows that despite appearances, some rules such as correction permit of children and adolescents are prohibited in the framework of the ruling jurisprudence-legal system, and all instances of violence against children and adolescents are prohibited, and the existence of special educational-educational rulings does not provide permission for violence against children and adolescents.

The principle of jurisdiction of public courts is considered as one of the basic principles of any legal system. Trial in special courts is an exception in the area of criminal procedure law. Therefore, in this article, considering the importance and important role of the balance between security-oriented and citizen-oriented approaches in achieving a just and fair trial, while expressing the limitations imposed on the well-known principles and guaranteeing the defense rights of the accused, to the extent to present the possibility of balancing mechanisms between these approaches during the proceedings of the Revolutionary Court. One of the types of specialized authorities in Iran's criminal law, which was formed with the aim of consolidating and stabilizing the foundations of the system, is the Islamic Revolution Court and since the proceedings in these courts are a specialized court by itself, the suspicion of non-observance of procedural guarantees is raised. The mind takes action; Determining the status and degree of adherence to the well-known principles of fair proceedings, such as observing the principle of public proceedings, the presumption of innocence of the accused, the right to have a lawyer, the right to appeal, etc., during the proceedings of this court, is an important and inevitable matter. Although the Iranian Criminal Procedure Law approved in 2012 compared to previous laws and under the influence of human rights and humanitarian perspectives, efforts have been made to create a balance between security-oriented and citizen-oriented approaches and pay more attention to the observance of citizen's rights, but there are still signs of adopting the dominant approach there is a security focus in the proceedings of some crimes in this court, which has caused problems and criticisms.

In the process of occurrence of crimes and violations, one of the most important and fundamental aspects is the victim and the victim who has been harmed by the occurrence of these behaviors And she needs to be supported, the emergence of restorative justice is the result of one of the changes in attitudes toward criminal justice and crime thinking over the past two decades. Restorative justice aims to involve all parties involved in the crime in this process, and with tools such as mediation, the goal is to decriminalize and prosecute and not pursue the accused as much as possible. The Law on Traffic Violations provides for various provisions to protect the injured party, some of which are based on financial support through insurance, and in the criminal field, criminalization have been made to protect the injured party.Therefore, in this study, the status of injured protection in the law on handling traffic violations has been investigated.

In this research, the library and documentary method has been used to collect the required data and information, then the data has been analyzed from a legal perspective using an analytical-descriptive method.

The findings of this study indicate changes in legislative policy and turning to the approach of restorative justice and in the law on handling traffic violations are good signs of protection of the injured in particular and the results show an increase. Legal protections are more damaging than previous regulations

Being an environmental guard is the principle that, in addition to the law, should be invoked in the implementation, and depending on the conditions defined for it, he allowed actions such as carrying and using weapons to this group of community jobs. The purpose of the current research is to examine the status of environmental guards as special law enforcement officers. 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. As a result, the environmentalists working in environmental protection are given permission to carry weapons based on the type of mission. According to Article 15 of the Environmental Protection and Improvement Law, environmental guards are considered to be bailiffs if they have been trained in the duties of law enforcement officers in a special class under the supervision of the prosecutor.

Since maintaining and establishing security in the country is one of the requirements of a country's system, therefore, the rule of law is also important to support the process of maintaining security. This study was conducted to investigate the criminal protection of the rule of law in the field of security crimes. The present research has been done by descriptive-analytical research method, which has been done with the tools and with reference to the existing laws, books, articles and dissertations of the present research. It should be added that in this study, the rule of law, perceptions of the rule of law, the position of the rule of law and the rule of law in the Islamic Republic of Iran have been studied. From this research, it can be concluded that without a doubt, every society and every judicial system has specific laws and governance that maintain the security of citizens and society in the shadow of criminal protection of these laws.Keywords: Sovereignty, Law, Criminal Protection, Constitution

Among the cases of violation of citizen's rights in the process of dealing with crimes against the country's security is the stage of crime detection. The way out of these challenges has been presented.

In terms of the method of data collection, the current research is in the form of documents, and the information needed for the research was collected from documented scientific sources, and then the collected information was analyzed using an analytical and descriptive method.

The findings of the research show that there are various challenges in the realization of the dignity-oriented approach in the detection phase of security crimes, the most important of which are challenges related to non-compliance with privacy (spoken and written communications) and also challenges related to non-compliance The right to benefit from a defense lawyer and as a result the defense rights of the accused are violated.

The results of the research show that the legislator has recently tried to balance security-oriented and dignity-oriented approaches in detecting security crimes, however, criminalization and disambiguation of criminal procedure laws and strengthening The guarantee of executions overseeing the duties of officers can guarantee the individual freedoms and defense rights of those accused of security crimes.

The institution of suspension of execution of punishment is a tool for the policy of individualization of punishment and correction of the offender, so what should be considered by the court for the implementation of this institution is the personality of the offender and the effect of punishment on him and the type of crime should not play a role. It is possible for an offender to accidentally commit forgery or embezzlement, but his danger is far less than that of a simpler crime; Therefore, the exception of some punishments and the non-inclusion of suspension of punishments towards them is not free from criticism. There are also more severe punishments in the criminal law that the legislator has prohibited the suspension of their implementation and the reason for choosing the punishments mentioned in Article 47 of the Islamic Penal Code of 1392 has no clear and precise basis and may be due to the danger of these crimes and problems for society. . Courts are sometimes free to reduce and suspend sentences to correct and reinstate the accused. Fortunately, with the passage of the Law on Reducing the Punishment of Imprisonment in 1399, many restrictions on the suspension of some crimes were lifted, and the legislature has moved toward a policy of individualizing punishments and expanding the powers of the courts.

The aim of the current research is to investigate the legal criminal policy of Iran regarding the prevention of the injury of environmentalists. 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. In environmental proceedings, granting the necessary legal position to non-governmental organizations to "declare a crime", file a lawsuit, present evidence and documents to prove the crime, participate in all stages of the crime investigation, and finally "objection to the decisions of the courts", a major development. on the one hand, it solves one of the gaps in Iran's legal system, and on the other hand, it ensures the effective participation of these organizations in the implementation of environmental norms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The result of the current research is the need to create a suitable platform for public participation in environmental protection in the form of non-governmental organizations; The realization of this participation requires free access to environmental information, the participation of the public in the decision-making process, decision-making, proceedings and environmental justice.

The main purpose of establishing legal mitigation of punishment from the beginning until now is in line with the principle of individualizing punishments and correcting and rehabilitating offenders and preparing them to enter society and prevent recurrence of crime and keep non-professional offenders away from professional offenders in prison. It also reduces the burden on prisons and avoids miscellaneous costs without social benefits. Achieving this goal will not be achieved except with the approval of appropriate laws and the accurate and correct implementation of the mentioned laws by the judges of the courts of first instance, appellate courts and execution judges. In the meantime, the method used by judges in applying mitigation rules and commutation of punishments in various cases has been discussed in such a way that in many courts in Iran, various procedures are applied in this regard, which causes public concern. And it has confused the people and the jurists. Therefore, by examining the obstacles and problems in the implementation of the legal establishment of mitigation of punishment, one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population is mitigation of punishment. The main question posed in this article is how to reduce the standard and appropriate conditions for correction and rehabilitation of criminals and increase their skills to return to society on the one hand, and reduce the financial and psychological costs of imprisonment by establishing a legal punishment. On the other hand?

Victim protection is one of the new topics in criminal law that the methods of protection of victims of crime by the police include such things as the general attitude of protecting victims, stabilizing their legal status and compensating them for material and moral damages. As a result of committing a crime, various material and spiritual losses are inflicted on the lives, property, honor, dignity and soul of the victims and their relatives. How government authorities respond to victims can be effective in reducing their harm. The role of the police, as the first institution to which victims refer, is very valuable and significant in reducing injuries and providing for their needs and wants. The type of action and behavior of the police (in general) interaction can reduce the crime-related harm to the victim or, conversely, aggravate them, so it is necessary, given the importance of such a role for the police, to: The various aspects of this support should be examined. In this study, the support of the police for the victim is examined. The present study is a problem-oriented applied research in terms of application; Therefore, the main purpose of this study is to identify the theoretical foundations of police protection of victims. As a result, in recent years, the idea of victim protection has attracted the attention of criminologists, legislators, judicial officials and the police, and significant steps have been taken to protect victims. The police is the first institution that victims face.

Despite the fact that the suspension of punishment is the recommendation of the new school of social defense in the late twentieth and early twenty-first century and can be used as a precise and effective tool for issuing fair sentences and solving the problem of crime, which is currently a major problem in societies. And limit the recurrence of the crime, but it seems that the courts have treated it very unkindly and there is no interest in its application by the courts. Therefore, examining the obstacles and problems in the implementation of the legal establishment of suspension of punishment, especially in the courts of appeal, is one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population.The research method used in this research is applied in terms of purpose, descriptive-survey and documentary information collection method. The statistical population of this study includes the judges of the Court of Appeal of Kermanshah province. They are in the second place in the application of suspension of punishment and in both formal and substantive conditions, the organizational and judicial dimensions and the executive dimension have the highest impact and the social dimension has the least impact on the process of legal establishment of suspension of punishment.

Field and Aims:

Delinquency is an unhealthy situation in social life and widely disrupts the equations of a normal social life. Delinquency happens at different times and it is much more sensitive in childhood than other times. And if delinquency occurs in childhood, its effects and consequences will affect adult life, and the contribution of delinquency in adulthood will vary based on control in childhood. Because the experiences of adolescents in the world are changing with major social changes that affect their preparation for adulthood. Accordingly, this research has been conducted with the aim of criminological analysis of adult delinquency with an emphasis on childhood victimization.

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

In this study, the causes of delinquency have been analyzed based on the presence of delinquency in childhood and its relationship in adulthood with causal explanations. The findings are in two general categories. Some have played an accelerating or predisposing role and some have played a controlling or inhibiting role. In both cases, prevention and control of conditions for delinquency have been recommended and ordered by many theorists. The grounds and factors predisposing to delinquency include membership in deviant groups, weakening of family values, poverty and economic issues, and the vulnerability of children of divorce.

The contexts and factors controlling delinquency emphasize two important components of strengthening relationships with family and resocialization and spiritual transformation and delinquency control.

In specific criminal law, security crimes are of special importance due to their harmful effects on the whole society and the country. One of the reasons for studying crimes against security is that the way and method of discovering and investigating the perpetrators of crimes against security is different from other crimes. The purpose of explaining the limitations and deviations from the principles of moral and criminal law in the methods of studying the reasons for crimes against security is based on expediency.

The results of this study show that according to the emphasis of the law and the legislator on the necessity of obtaining evidence through legal and legitimate means in all crimes, including crimes against security, but for reasons such as; expediency, urgency, the need to maintain the order and security of the society, warding off corruption from the corrupt, choosing the bad from the worse, etc. and establish security in society. In response to these crimes and in the field of challenges between sovereign rights and citizens' rights, governments usually take steps to guarantee sovereign rights (that is, to guarantee their own rights) and in this regard, as mentioned earlier, some of the general principles and accepted, moral rights and punishment are rejected.

It is a certain fact that at the end of the 20th century, with the diminution of the role of the penal schools of thought in the process of responding to crime, the grounds for the formation of a type of justice emerged by the reformers of criminal law. which led to the scientific-legal conceptualization of an idea called restorative justice. This type of justice has a series of distinctive principles and characteristics based on its specific elements. The present research, using library resources, with a comparative method and with the aim of comparing these principles and features in the most important restorative document of the United Nations (UN) under the title of the fundamental principles of applying restorative justice programs in criminal matters with what is in the divine verses, has been done. The findings of the research indicate that these principles and features are more of a Quranic title than a product of an international knowledge document of criminology.

Crime is a phenomenon that has existed in all societies, past and present. However, being permanent and general does not mean that crime is the same and uniform among them, but differs from one society to another, from one region to another, and from time to time. Due to the importance of the subject, the present study seeks to investigate the relationship between social capital and the commission of violent crimes as the main purpose, using the field method, survey technique, questionnaire research tool and the use of SPSS and Smart PLS software. The statistical population of the present study is men 18 years and older in Kermanshah, 384 of whom have been studied using the Cochran's formula as the sample size. The results indicate that between the total amount of social capital (P = -0.34), and its dimensions, ie social trust (P = -0.39), social support (P = -0.30), social interaction ( There is a positive and significant relationship between social cohesion (P = -0.32) and social awareness (P = -0.23); Therefore, all research hypotheses are confirmed. The results of the structural equation model (Smart PLS) also showed that the social capital variable explains a total of 0.53 of the variance of the variable of committing violent crimes, taking into account the values ​​related to the volume of the effect of the coefficient of determination of this value in The average is estimated to be 0.28.

The police, as the arm of the judiciary, plays an important role in the process of the country's legal system and the realization of justice. Given that in criminal cases, the process of detection, prosecution and preliminary investigation is very important. Therefore, with the aim of determining the appropriate interaction between the police and the victim in the crime detection process, this article tries to examine, analyze and analyze the principles and strategies of creating this interaction as a method and tool to achieve a known goal.

The research method used in this research is applied in terms of descriptive-survey information.

The final findings of the study indicate that from the perspective of both sample communities, namely victims and experts, and in both one-sample t-test and pair t-test, police-victim interaction in the crime detection process was assessed as weak in the current situation.

the proper interaction between the police and the victims, both from the perspective of victims (with an average of 4.04) and from the perspective of experts is largely in the criminal process. The legal system of the country is effective and in contrast to the interaction of the police and the victim in the current situation (provincial disciplinary command) both from the perspective of victims (average 2.73) and from the perspective of experts (average 2.64) to the extent Has little effect on the criminal process

Travis Hirschi and Michelle Gottfredon, in justifying how crime was committed, first articulated the theory of social control and then the general theory of crime. According to these two theories, people who have committed a crime, or at least the rate of crime committed by them, is very small, which is defined by four constraints, which are: Involvement, Correlation, Commitment and Belief to be controlled. Then, with the development of this theory, they came to the conclusion that in addition to the above four constraints, it is necessary to motivate and institutionalize self-control in childhood and mainly from 7 to 12 years old by proper upbringing and various teachings in children. Preparing forms based on the above theories and conducting interviews with about 600 people sentenced to imprisonment in various crimes in Kermanshah and Evin Tehran Central Prisons as a scientific solution to determine the extent of the impact of these theories is the subject of this study.

One of the goals of criminal policymakers in applying criminal responses is to rehabilitate the offender to avoid repeating his crime. Postponement of sentencing is an institution that can achieve their goals in reforming criminals, and has entered into the Iranian penal system under some French law. The main purpose of this article is to explain the institution of deferral in Iranian law from a moral and legal perspective. In terms of purpose, the research is a part-time applied research and in terms of data collection method, it is a library. The collected information has been analyzed analytically and descriptively. Studies show that in some countries, the moral condition is that the accused agrees to the postponement, but in some cases, instead of stating the conditions for issuing the postponement, by providing a rule, the authority determines its compliance with the characteristics of the perpetrator and the crime situation. While the Islamic Penal Code, despite not specifying the consent of the accused, has more accurately enumerated the conditions of the institution to postpone the issuance of the sentence.

The purpose of this study is to find an answer to the question of whether the consideration of this moral condition is accepted by the Iranian criminal law system or not in other countries, including Turkey, which has somehow accepted this condition has been successful. Is or not. The results of this study showed that ethics has a special place in the legal system and this has always been accepted.

In conducting the criminalization process, judicial officers face the challenge of observing the civil rights of the accused and establishing security order. This study has been compiled with the aim of identifying the challenges of the civil rights of the accused in the criminalization process.

The present research is applied in terms of type and purpose and descriptive-analytical in terms of method and qualitative in terms of the nature of the data. The second range includes the statistical population of 114 people, which consists of heads and deputies of all eleven intelligence bases in Greater Tehran and first-level deputies of the NAJA Awareness and Prevention Police Managers, 72 of whom were used as a purposeful sample.

The research findings indicate that the most challenges are related to the judicial process, including lack of immediate access to judicial authorities and lack of legal and appropriate protection of judicial officers, and the least challenges are related to the management process, including lack of facilities and equipment And failure to provide technical and specialized training for the discovery of the grain to the judicial officers.

The challenges are mainly related to the arrest phase and under police supervision, 107 initial codes and 58 sub-themes were identified, which were analyzed in the form of 4 main themes (legal, judicial, police executive, NAJA management). It seems that the best way to observe the citizenship rights of the accused is to obtain the necessary specialized and technical training in the field of crime detection and crime detection by resorting to the techniques of studying legal and legitimate evidence to resolve current legal ambiguities and maintain judicial interactions, especially in crimes.

Punishment has always been used as the strongest reaction of the criminal justice system to offenders, and each legal system pursues a specific goal in sentencing and sentencing based on its intellectual-philosophical foundations. So that the purposes of punishment also form forms of punishment. The main goals, principles and forms of punishment that are mainly implemented in society, represent the characteristics and nature of that society.After the victory of the Islamic Revolution, the Iranian penal system, without presenting any model theory for criminal policy and without determining the main purpose of criminalization and punishment in order to implement the fourth principle of the Constitution, following the jurisprudential views of textualists punish the principles of customary law It set aside the guarantee of the performances used in its criminal arsenal in accordance with the Islamic legal system. While examining the amount and type of these punishments, many contradictions and divergences between the Iranian penal system and the Islamic legal system are observed. On the other hand, gradually due to the emergence of new jurisprudential views, legal objections, as well as international pressures, problems in implementation and ultimately realism, the Iranian penal system using a special kind of expediency to modify, convert and reduce punishments without considering the effects And its consequences have taken action.

Today, collusion in various types of government transactions, including the most important economic crimes, leads to the violation of healthy competition and the occurrence of numerous crimes and violations. The present study looks at the various UN guidelines and the experience of leading countries and the field pathology of the country in order to localize the most up-to-date solutions to prevent corruption and collusion in government transactions.

The method of conducting this research was a combination of descriptive-analytical method in the form of library tools and qualitative field method through distribution of questionnaires among government traders and random sampling method were analyzed.

Determining components such as ensuring transparency, making public transaction information accessible, strengthening competition among participants, resorting to e-government, ensuring transaction integrity and giving a place to outside observers are among the most effective measures to prevent collusion in transactions. The government enumerated. Also, by resorting to the measures of this prevention, it is possible to increase the health of the conclusion of these transactions by anticipating the entry of the orbital stage of the violating regulatory institutions in holding government transactions.

Reactive action only in collusion in government transactions as one of the economic crimes cannot have a significant effect, but situational prevention through the integration of government transaction monitoring and comprehensive legislation in the field of transaction procedures has a special place. Also, the participation of various institutions in preventive measures increases the effectiveness of these measures.