فهرست مطالب مسعود حیدری

Security is one of the fundamental categories of citizens' lives, which interacts with the occurrence of crime and its prevention. Dependence on absolute security is not compatible with human life and is against the enjoyment and application of some rights, including the right to privacy. Prevention of crime is not only limited and exclusive to the actions after the crime, and during the commission of the crime and before it is also possible, the government in the general sense of the word, i.e. the governing powers of the legislature, the executive and the judiciary, take measures in order to realize the prevention of the crime. give Although privacy is essential in many cultures and societies; But sometimes and in case of conflict, it is possible to violate it. Of course, these violations are relative and may be different in some societies than others. The purpose of this research is to explain the consequences of the security of criminal law, which is in conflict with the violation of privacy, and the main question is what components of security-oriented prevention have the possibility of conflicting with the privacy of citizens. have? This research was done with a descriptive-analytical method and in the form of a library. The result is that the government should exercise its supervisory role in an exceptional manner and not intervene in the areas related to privacy except in the case of expediency and necessity.

Among the preventive measures regarding economic crimes that have been promoted these days is the formation of comprehensive financial information units and the control of citizens' bank accounts. These measures are non-criminal and technical-specialized in nature. Wide access to information and data related to the activities the above preventive measures, undeniably creates the grounds for abuse and degradation of information privacy of citizens. The purpose of this article is to investigate the degradation of information privacy in the state prevention of economic crimes in the light of legal patriarchy. This article is descriptive and analytical. Materials and data are also showed that there was no decisive reason to negate the implementation of the theory of legal patriarchy, but if the preventive measures of the mentioned situation are matched with the technical-expert aspects and not the taste, the possibility of the deterioration of the information privacy of the citizens will be significantly reduced. The theory of legal patriarchy gives governments the authority to intervene in their actions and lives for the benefit of the citizens like a caring father if it recognizes the current act or omission in line with their benefit and expediency. If the proposed principles of protection of citizens' privacy in cyberspace, which are established by the Organization for Economic Cooperation and Development, are implemented in this direction, both good and public interest (economic security) will be achieved, and the information privacy of citizens will not be degraded.

In recent decades, explaining the adverse effects of imprisonment has been one of the most important concerns of lawyers, criminologists and other experts. This is not exclusive to theoretical and academic circles and has been reflected in the practical approach of many criminal justice systems to different extents and degrees. Despite what was said, imprisonment is still one of the most important punishments in different criminal policy systems, including in Iran's criminal policy. The aforementioned fact has revealed the need to address the inefficiency factors of this punishment more than ever; Based on this, the purpose of this article is to examine the question of what are the bases of the ineffectiveness of imprisonment in judicial criminal policy? This is a theoretical article and it has investigated the mentioned subject by using descriptive analytical method and in a library form. The findings indicate that at the level of judicial criminal policy, the directive-oriented and management-oriented approaches of the judicial system, the social background of judges, high workload and lack of sufficient expertise in them, as well as some of the orientations of the judicial procedure, should be among the most important factors of the inefficiency of imprisonment. enumerated

The employment of prisoners is usually limited to the time of imprisonment, temporarily with the aim of reducing the cost of maintaining prisoners, but what is important is the continuity and stability of the prisoner's job after the days of detention, so that he has a suitable business to support himself and his family. . Managing the employment of prisoners during their imprisonment, examining and introducing transitional and subsidized jobs is a necessary solution to achieve this goal, so research on the efficiency of existing tricks in this field is one of the requirements of working with prisoners and the definite recommendation of criminologists to prevent recidivism and to The consequence is the improvement of the economic status of the society. Transitional and computer jobs are tested measures in this direction in some societies, and the result of the author's research, while introducing this category of jobs and generalizing it with managing and coaching the career path of prisoners from before entering the prison to expanding the perspective of the authorities in this regard will take

Iran's criminal law allows the punishment of the perpetrators to be intensified in the real multiplicity of the crime, but not in the spiritual multiplicity. However, it is not always easy to distinguish the spiritual multiplicity from the real one. Based on this, the aim of this article is a comparative study of spiritual multiplicity of crimes in Iranian and French laws. This article is descriptive and analytical and has investigated the subject of reference using the library method. The findings indicate that the legislator in the 2019 Penalty Reduction Law, in the case of multiplicity and repetition of the crime, in which the application of the intensification of the punishment was mandatory, this amendment law to some extent removed the requirement to intensify the punishment in the situation of the multiplicity and repetition of the crime, and with some conditions The judicial authority has placed and even allowed the application of reduced punishment in cases of multiple and repeated crimes. In the criminal laws of Iran, in the spiritual multiplicity of the crime, the theory of aggravating the punishment is not accepted. According to the Supreme Court of this country, if these two definitions cannot be added together and create a violation of the interests of others, a single act can cause the realization of two or more crimes.

The water of Zayandeh Rood River is considered one of the most important water resources in the center of Iran. Crimes related to water resources, including the water of this river, are the subject of a special criminal policy. This criminal policy can be defined and implemented at four separate levels: legislative, executive, judicial and cooperative. In this article, an attempt has been made to examine Iran's executive and cooperative criminal policy regarding the crimes related to Zayandeh Rood river water. The present article is descriptive and analytical and by using the library method, it has investigated the mentioned question and investigated the mentioned topic. The findings indicate that a coherent criminal policy at the executive and collaborative level has not yet been formed in Iran for crimes related to the water of the Zayandeh Rood River; The same thing practically makes the measures and measures at the level of legislative executive policy ineffective, therefore both in the field of implementing and applying legislative measures and policies and in the field of attracting people's participation and non-governmental organizations to deal with the mentioned crimes. Necessary measures should be taken.

Working children are vulnerable groups who are more exposed to violence than other children and therefore need supportive criminology. The purpose of this article is to examine this important question, what are the criminal legal protection mechanisms of Iran and international documents in the protection of child abusers in the light of protective criminology? This is a theoretical article and it has investigated the mentioned question using a descriptive analytical method and in the form of a library. The findings indicate that the Criminal Procedure Law of 2012 has provided significant rights for the victims in the stage of crime discovery and preliminary investigation, but at this stage, no special differential protection has been provided for the children and teenagers who have been the victims and the legislator has generally protected the victims (adults) - has supported children. Special legal protections for children are not provided in Iran's criminal laws during the trial and sentencing stage. In this context, there is a big vacuum. Due to their special situation and vulnerability, children may be exposed to psychological and emotional injuries as a result of being in court and during cross-examination and confronting the accused, as well as recalling past memories, so special methods should be used to prevent them as much as possible, considered their direct contact with the judicial system. Using the method of recording the statements of abused children or closed cameras is very helpful in this field.

The purpose of this article is to examine the criminal responsibility of doctors against patients in the transmission of infectious diseases from the perspective of jurisprudence and criminal law. This article is descriptive and analytical and it has investigated the mentioned subject by using the library method. With regard to the cited laws, especially Article 22 of the Law on Prevention of Infectious Diseases approved in 1320 and Article 493 of the Islamic Penal Code of 2013, if a doctor causes the spread of a contagious disease through his negligence, or knowing that an individual or a city is infected, in preventing and preventing its spread In spite of having a legal duty, he fails and neglects and causes loss of life and property of people, as the person responsible for protecting the health of people and society, he is subject to criminal prosecution and compensation for the damages caused to the sufferers. If it is found that the doctor did not intend to transmit the contagious disease, but his behavior was such that it was usually fatal, he can be considered guilty of a quasi-intentional crime. Also, if the doctor, knowing about the underlying disease or old age of the other person, appears next to him and despite the existence of the instructions and knowingly causes the infection of the contagious disease, he will be subject to an intentional crime.

Tazir as an indefinite punishment is the most widespread reaction against crime in the punishment policy of Islam. The usefulness of Tazir is dependent on the way to use it in accordance with the personality of the criminal. Tazir is a type of Islamic punishment which its amount and way of performance are identified and depends on the judge's view. The judge has to identify it based on the amount of the crime; thus it is called "punishment based on the view of the judge". Personalized penal means that the judge has the power. Considering social, physical conditions of the guilty person and based on his personality the punishment is identified.in religious rules the principal of personalized punishment is performed in Tazirat. Islam considers different goals in passing punishments and the most important of which is its prohibitive function. The aim of Tazirat is to correct the guilty person, re-adaptation of the guilty person, teaching others a lesson, keeping social prudence and religious values and prevent repetition of the crime. The method of the study was descriptive analytical and library method was used to collect literature and note taking also was used.

Evolutions of Iran's criminal system in relation to the deprivation of freedom of financial convicts has been caused by the country's legislative system focusing on jurisprudential institutions such as essar and malate; But these developments in the English penal system are rooted in the increase in the scope of imprisonment and the development of the prison system in England in the 18th century. A comparative study in the field of deprivation of liberty due to financial convictions in two different criminal systems such as Iran and Englan identifies the weaknesses and strengths, approaches, advances and flexibility of the criminal justice system in each country in the same issue. Therefore, while analyzing the evolution and development of the regulations resulting in the deprivation of liberty of financial convicts in Iran and England, it is possible to reach the important point that in the global developments of law in recent years, what facilities are used as alternatives to deprivation of liberty for financial convicts in criminal policy of Iran and England are defined. Regarding the payment of the debt to the private claimant, Iran's criminal policy does not have an independent tool at its disposal, and it is inevitable to refer to the generality of the rules of forfeiture. However, in English law after the 19th century, a mechanism has been recognized in which the debtor, during the deprivation of freedom, engages in activities for several months, outside of prison, in order to serve the creditor and pay the debt.

In general, the right of the prosecutor to protest against the decisions of the courts is foreseen as one of their powers in the legislative and judicial system of the country, so that in addition to vindicating the rights related to the criminal case, an effective step is taken in the direction of achieving justice. The purpose of this research is to know and explain the basic principles of the prosecutor's right to protest against the decisions issued by the courts, to understand the importance of the role of the prosecutor in exercising this right and its effect on the realization of a fair trial. This research has been done with a descriptive analytical method through library studies related to the subject. The results of the research indicate that the prosecutor's objection to the judicial decisions has solid jurisprudence and legal foundations, which include the jurisprudence rule and the jurisprudence rule as well as the obligation to remove and repel oppression. And its legal foundations are also the theory of maintaining public order, the idea of preserving individual rights and freedoms, protection of public rights, supervision of law enforcement and humanitarian and human rights considerations.

childhood and adolescence are of the important periods of life in which personality formation takes place. Therefore, the aim of the current research was to provide solutions to prevent delinquency among children and adolescents, relying on the central role of the school.

The current research is analytical-descriptive and review. Therefore, the required data was collected in a library manner and the data was analyzed by reviewing the research literature.

among the institutions in which a person is a member are the family institution and the school institution. Children and teenagers spend most of their time in school, so if the school has special programs to guide and shape their personality, they can prevent this very vulnerable group from falling into various crimes and delinquencies. Therefore, the prevention of delinquency of children and adolescents in school has to return to the correct education and training programs established in the school.

The findings indicate that the cooperation between the family and the school in a purposeful and organized manner and with sufficient understanding of education issues, mutual roles and rights and by benefiting from each other's capacities can be the foundation for proper education and prevention of delinquency.

Familiarity with the requirements of national production boom is one of the strong recommendations of recent years in Iran and a significant strategy to improve the economic situation of society. Manpower is one of the most effective employment tools in order to boost production.This study seeks to investigate the benefits of investing in prisoners' jobs as a manpower under the control of the government.    Using descriptive-analytical method and reviewing documents, books, articles and Internet resources, seeks to provide solutions to boost national production of prisoners' jobs. Improving the economic situation of the society requires proper investment and productivity of human resources. Career guidance of prisoners in order to continue their employment, in addition to preventing recidivism, is a good way to help create jobs and value the prosperity of national production in terms of quality and quantity. The study of the economic aspects of the issue requires the entry and efforts of those involved in the employment of prisoners and the support of the government with a new approach to allocating sustainable jobs to detainees.He considers the establishment of job opportunity management centers and the recruitment of entrepreneurs in this field as a considerable strategy for the prosperity of national production

Globalization has affected many areas of human life with various tools, and cyber space has played the biggest role. Although the cyberspace and globalization together have brought many benefits to human life, But these two have been able to come to the aid of the criminals by using both as a tool and as a process and make it easier to commit crimes in cyber space; In such a way that today the thinkers in the field of criminology talk about the globalized space of crime. The purpose of this research is to investigate the effect of globalization on the foundations of national criminal law systems. In this regard, the current research, which was compiled with a descriptive-analytical method, seeks to answer the question, what effect will the concept of globalization have on the national criminal law systems? The results of this research show that among the most important developments that are created under the influence of globalization in the field of criminal law are Changing the discourse of the system governing crimes and punishments in the age of globalization, the securitization of criminal law, criminal inflation and extreme criminalization, the threat of human rights, the vulnerability of governments to globalized crimes.

In order to rehabilitate prisoners and develop sustainable and productive employment, while analyzing Article 174 of the Prisons Organization Regulations, in order to generalize the work of prisoners during imprisonment to after release, it is necessary to consider criteria regarding the individualization of the work of prisoners.The main concern in allocating jobs to prisoners has been to replace imprisonment and perhaps reduce the cost of keeping prisoners.But this issue has not helped the process of not committing crimes again.According to the new regulation of the prisons organization, the employment of prisoners is for the purpose of developing rehabilitation programs, reducing the harm of imprisonment, helping to meet the material and spiritual needs of the convicts and their families, and the self-sufficiency and self-employment of the prisoners, which should be proportionate to the individual abilities and talents of all prisoners. be providedThis research has been compiled and reported by descriptive analytical method, by using internet resources, information banks and library studies. The implementation of the provisions of this article requires a better familiarity with sustainable and preferably quick-yielding production jobs. It seems that the need to feel commitment and commitment to work can help to prevent the re-offending of the crime in addition to increasing the prosperity of national products.The result of this research will be the necessity of running a job opportunity management center with the approach of creating job search files for prisoners in order to implement Article 174 of the Prisons Organization Regulations.

The main axis affecting the reduction of crimes and targeting the determination and execution of punishment is paying attention to the education of individuals, which can guarantee the realization of the rehabilitation of convicts, bind the criminal justice system to criminal studies and make criminal institutions more effective. In the present article, through field study and its combination with theoretical studies, an attempt has been made to provide a proposed model for determining the indicators affecting the correction and rehabilitation of convicts to imprisonment or social punishments in the form of training courses from the perspective of related institutions. Punish. Given the need to reduce recidivism and achieve the goals of sentencing convicts to punishment, the fundamental question is what is the status of implementation of education-oriented rules governing sentencing and what indicators can restore the position of correction and treatment of education? The statistical population of the study consists of two spectrums of 80 experts and 100 convicts. The collection of library information was in the form of receipt and field, the data collection tool was a researcher-made questionnaire, and consisted of several indicators, data analysis was performed using SPSS software version 19 and the reliability of the research was Cronbach's alpha was confirmed above. They are also considered as systematization of punishment.

The phenomenon of juvenile delinquency is one of the most important challenges in societies that imposes destructive effects on the family and society. On the other hand, the media play a very effective role in reducing or increasing crime in society. The purpose of this study is to explain the impact of mass media on juvenile delinquent behaviors.

This research was done using the descriptive-analytical method in the way of library study.

The findings indicate that the mass media can not be considered as a direct cause of crime. But it can be said that these media outlets bring out the potential of children's criminal talents. Meanwhile, video and virtual media are effective in juvenile delinquency through the display of violence and unhealthy and perverted communication.

The results show that the impact of each mass media in reducing or increasing juvenile delinquency is variable. Before the creation and entry of satellites and cyberspace into the lives of citizens, television had a great impact on reducing and increasing juvenile delinquency. Of course, in Iran, due to the government's control and control over the content of television programs, this media has taken more steps to reduce juvenile delinquency. In contrast, media such as satellite and networks related to virtual space, due to the lack of a regular legislative framework and lack of adequate control and monitoring of their content has had a great impact on the growth of juvenile delinquency.

Today, the increasing importance of reducing recidivism, and the experience of many countries resorting to the implementation of the education of convicts as the main response to crimes and under the title of correction and treatment of convicts, has become important, and in the meantime, the police force in the general sense It is one of the institutions that can take operational action in the direction of implementation or management of better implementation and continuous monitoring and executive assistance in the implementation of education-oriented responses

The current research is a mixed method in terms of practical purpose. In the qualitative part, it was collected by using the in-depth semi-structured interview tool from the participants (prisoners). In the quantitative part, the sample size was randomly selected from the statistical population of experts in the number of 80 people and the statistical population of prisoners in the number of 100 people, and the data in this part was collected using the researcher-made questionnaire tool. Next, the data was analyzed using spss19 software and AMOOS software

Determining components such as educational prioritization for convicts, talent identification and needs assessment of the educational model, learning platform for the training course, changing the behavior of criminals and the quality of the content of the educational model, including effective measures to restore the status of education and improve the reformation of the convicts. They will be.

According to the results of the questionnaires, most of the respondents emphasize the necessity of the executive participation of relevant institutions, including the police force, and the increase of this approach. Therefore, the structure of disciplinary management, especially in modern punishments and mostly substitute prisons, realizes the education and reformation of convicts. It is possible to propose the formation of a norm under the supervision of the law enforcement agency, while improving the executive mechanism of training convicts, but also in another dimension, the deputy assistant for the implementation of criminal sentences can be proposed for public education in the law enforcement command of the country.

The right to stand has different interpretations in different teachings and schools, and based on this, the scope of authority and freedom of action of individuals has a special meaning. The unanswered question is whether the right holder can waive his right. For example, in one example, does the right to life have to do with the right to die? In Islamic teachings, the right to stand does not mean absolute autonomy. It even excludes an individual. The intellect and the Shari'a, as two protectors and even guides of individual freedom, have an important role in restricting the right to stand. In Islamic law, man is in control of himself, in the sense that he is in control of his time and place. , But he can not take his own life voluntarily, so suicide and murder out of pity and the like are illegitimate in principle. Something does not mean having the right to it. In other words, if domination of the soul and body parts is accepted within the religious and legal framework, it does not mean having the right to the soul and the organs of the body. Items such as the principle of real property, the principle of credit ownership, the principle of inherent ownership are referred to in the authors' writings. There is a possibility for criminalizing it based on the teachings of jurisprudence and criminal law. In the present study, it has also been addressed.

Being victimized as one of the most recognized social harm by considering different aspects and effects can endanger the physical and mental health of the child. Meanwhile, some vulnerable groups are at greater risk of being victimized and harmed than others. Working children because of their special needs and needs, such as being young, doing forced labor, parenting, poverty, needing attention and affection at this age, and so on; Castro and ... more than anyone else need a safe environment for growth and prosperity, and so this implies that if a child is in a passing location such as a street or forced labor or other non-standard environments and is exposed to other crimes. To be fair, first of all he should be considered a victim, not a criminal. Special attention has been paid to child labor in international human rights instruments at national and transnational levels. One of the most important aspects of child support work is the provision of social and medical support. Such support has become commonplace in countries with minimal welfare and social security. In this article, the author intends to analyze and evaluate the human rights standards of the victims after the explanation and recognition of the victims.

What has been studied in this article is the principles and criteria governing criminality in the light of the Iranian criminal justice system. In order to pass a criminal law, from the formal point of view, the parliament or the legislature must establish a rule, otherwise we will see a departure from the principle of jurisdiction. But from the point of view of quality, or in other words, from the essential point of view, the law must have certain characteristics in order to be characterized by this attribute. In this article, after explaining the quality of criminal law or criminalization, the authors have referred to the explanation of the necessary principles from the perspective of thinkers. After passing these filters, the criminal law can meet the minimum standards. But from the point of view of legal principles such as the principle of minimumness, the principle of legality of crimes and punishments and even the principle of innocence, the law must have minimums. In this article, the authors have explained these cases in a descriptive-analytical manner. As a result, it can be said that except for the above-mentioned cases, if a law is enacted, it only has a formal description of the law and from the substantive point of view, it cannot be called a law.

Human life in the world, both in the past and today has raised various issues in relation to oneself and others. In the meantime, the social environment that man has chosen for his life, whether it is a small group or a large society, issues and challenges. Has seen many aspects that both the environment of society and the personality of the individual have influenced this process. To maintain its organization and continue its life, it is necessary to constantly adapt new people to itself. Given the expansion of conflicting areas of privacy and crime prevention, this research is essential. The purpose of this study is to explain the areas of crime prevention and the role of preventive government oversight in this regard. Based on this, the question arises as to which area of ​​privacy can be in conflict with crime prevention? The answer to this hypothesis is that situational prevention can conflict with citizens' privacy. The research method is descriptive-analytical. As a result, the government should exercise its oversight role exceptionally and not enter into privacy-related areas unless expedient and necessary.

Fair trial is one of the most important issues that have always been considered by the legislator in the case of juvenile delinquents. Therefore, in this regard, there have always been several developments that the study of the course of these developments can help the legislator in advancing the lofty goals of children's rights. The purpose of this study is to identify and explain the legislative and judicial developments that have taken place over the years in the field of juvenile justice and has brought it closer to a fair trial.

The method of this research is descriptive-analytical.

The findings indicate that dramatic changes have taken place in the field of juvenile justice, such as the establishment of a juvenile police force, the non-openness of the trial, the specialization of juvenile courts, the need for expert juvenile court judges, the establishment of a juvenile court and possibility of appeal on all the decisions issued by the courts.

During several decades of legislation on children, the Iranian legislature has always tried to take an effective step in the field of juvenile justice. In addition to criminal law dimensions, criminological developments have taken place in this field and the legislature has changed its approach from crime focusing to criminal, so that juvenile delinquency is more just and fair.

The most important tool for explaining criminal legislation is the definition of crime and punishment. A crime is the actual act or omission for which a punishment has been determined according to the Islamic Penal Code, and according to criminal philosophers, "taking a distance and moving away from the normality and defect of what should be" and criminalization is a process that considers new behaviors as crimes. With the assumption that the governments take their legislative policy based on their approach to how to deal with crimes, in this article, relying on the descriptive-analytical method, we decided to review some of the resolutions of the Islamic Republic of Iran, while briefly explaining the basics of criminalization and penalization, may we improve the legal and judicial situation of the country by improving the legislative situation and the performance of social monitoring institutions and optimal decriminalization, while preventing the issue of criminal inflation.