ali saffary

The principle ne bis in idem, as one of the principles of fair proceedings, is rooted in the acceptance of the negative effect of foreign criminal sentences and is derived from the most important goals of international criminal law, i.e. preventing re-punishment of the accused for a single criminal act. This prohibition is a reminder of an important rule in the Criminal proceedings are called the validity of the judged criminal case in the criminal court. Even though administrative and disciplinary violations have significant differences with criminal offenses in terms of their nature, sources and examples, but in terms of comparison, their similarities, especially in predicting the guarantee of repressive executions, are significant, as they cannot be divided into two completely independent areas. On the other hand, entering the discussion of the criminal matters has made it more necessary to pay attention to these similarities, which are the basis for the perpetrator to enjoy the guarantees of fair trial principles, both in crimes and in administrative and disciplinary violations. In Iran, in relation to administrative and disciplinary violations, some of the principles of fair proceedings, especially the important principle ne bis in idem, are not only not observed, but according to Article 19 of the Administrative Violations Law 1372, it is even stipulated against it. Therefore, in this article, while comparing the crimes and violations, with the assumption that the English criminal system is a good model in this field, researcher has also briefly discussed the procedure of the administrative courts of this country. The study method in this article is analytical-descriptive and based on the review of related domestic and foreign texts.

Vicarious victim refers to any person who, as a result of seeing, hearing, or being exposed to the news of a crime, suffers mental, psychological, and other injuries that affect the life of such a person. Until today, there has always been talk about the direct victims of crimes and legal protection strategies for them in the laws. Unaware that vicarious victims also need attention from various institutions and the criminal justice system; Because this type of victimization, like direct victimization, is associated with negative effects, and neglecting them and not trying to reduce the negative effects of this type of victimization will be detrimental to the penal system. This article seeks to answer the question of how to provide comprehensive support to vicarious victims in Iran's criminal system, just like direct victims. According to the nature of the subject and the desired goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method. The results show that vicarious victimization has not been properly considered in Iran's criminal system. In order to eliminate the existing gaps in the field of protection of vicarious victims and to try to minimize the risks and complications of this matter, criminological solutions, both therapeutic-supportive and preventive, as well as legal solutions, i.e., passing the law, can be used. Also, various individual and social efforts as well as the efforts of the criminal justice system should target not only the people who are personally victimized, but also those who witness being victimized in their communities. For individuals who experience victimization vicariously, helping to build positive social support networks and enhancing self-esteem may prevent delinquency in general and violent delinquency in particular, as well as reduce the risk of other negative outcomes.

The criminal justice system should pay attention only to the crime committed and not to any other issues. But it is claimed that this device has a fair and lenient approach towards female criminals.

This research is qualitative and practical. Part of the field data and the other part were obtained through semi-structured interviews with 16 policemen and 40 female prisoners.After reaching saturation Theoretically, with a phenomenological approach, qualitative interviews were analyzed through coding (main and secondary categories).

The police is required to pursue the accused and follow the orders of the prosecutor in this case. However, the social, economic and cultural status of female criminals and the problems of the police, including the lack of female police officers and the lack of places under the supervision of women, make the police treat female criminals as leniently as possible.

Paying attention to the situation of female criminals and a fair approach will represent the principle of individualizing criminal reactions and decriminalization, and as a result, reducing criminal cases. On the other hand, other preventive works such as the prevention of labeling should be considered as results of chivalry.

Personality traits are one of the most important factors in the occurrence of criminal behavior. The aim of the present study was to investigate the effect of personality traits (brain / behavioral systems) on committing the crime of theft.The method of the present study is correlational. The statistical population in the present study includes all those convicted of theft. Who were imprisoned in Lorestan province in 1398. Among the statistical population, because of the comprehensive information on the number of criminals available for theft, to select the sample size, G. Power software was used and a sample group of at least 200 people using the sampling method. Available (because access to the target sample group is possible in certain prison and justice environments, etc., and access to such places in such places is to be representative).The results showed that the hypothesis is confirmed, ie in general, personality traits affect the rate of theft. The results showed that the behavioral deterrence system is effective in committing theft, ie people with a more active behavioral deterrence system are more likely to commit theft.

Today, the use of information and communication technology and the cyberspace platform has overshadowed many aspects of human life; As the relationships of people in this context have led to the formation of the title of "cyber communities". The dimension of security and public order is the most important element in the stability of any society; Cyber ​​communities are no exception to this and seek to outline their criminal policies to ensure the security of life, property and dignity of citizens as well as the security of public institutions in the context of cyberspace. In Iran, due to the high rate of Internet penetration and the large number of users, creating a criminal policy to manage and control cyber anomalies is of great importance and priority; Accordingly, in this category, by examining the documents and studying the library, the trends and approaches of the criminal policy of the Islamic Republic of Iran in cyberspace are explained, as a result, a conceptual model of relative cybercrime-related criminal policy for scientific and practical development is presented.

The certainty and clarity of the criminal law is one of the requirements of the principle of legality and requires the definition of the crime with maximum clarity and accuracy by the legislature. However, the open texture criminalization and the widespread and criminal-administrative of the actus reus implies a shift away from adhering to the requirements of the principle of legality. Relying on a descriptive-analytical method, the present study seeks to answer the questions that what are the contexts of degradation of the principle of legality and the tendency of legislators to legislative ambiguity and the sharing of law and administrative-executive approvals in explaining the components of crime? Findings show that today, Influenced by the ideas of the negation of absolutism such as postmodernism and pragmatism, criminal law moves toward relativism, flexibility, and socialization.. Also, new developments such as the expansion of the realm of criminal law in the light of the emergence of crimes outside the core of criminal law, such ‌as preventive and technical crimes, with features like uncertainty and specialization and technicality, It has paved the way for the swamping and the regulation of criminal law. A change that is increasingly leading to Legislative parallelism and violations of the transparency and certainty of the law, as well as a fair warning to citizens. Finally, in order to strike a balance between the dynamics of criminal law and the rule of law, observance of criteria such as the definition of terms (legislative terminology) in the text of the law in order to determine the policy of administrative officials and Also, determining the validity period of delegating the authority to define crime to administrative-executive texts can be effective in reducing the challenges of flexibility and becoming a legal pillar. regulation of the legal element..

Creating and developing security, installing order and providing public welfare is one of the most important concerns of human societies; In this regard, modern cyber societies are not considerd on exception, and relevant institutions are trying to offer strategies to attain this important goal. The present paper is based on the study to provide the strategic model of countering cyber crimes in Iran, as well as identification. Explanation and developing concepts, dimentions, components and desired charateristics of countering these crimes in Iran. This study has been, in terms of its objective, a fundamental one, and the method used to create and analyze the data, is a compound of qualitative and quantitatve methodes; so that in the qualitative phase, documents and library sources regarding criminal policy, cyber space, cyber crimes and criminalizing as well as response to these crimes in national and international levels were reviewed to form the conceptual framework of research. There after targeted sampling through snowball technique, in which the know elites of the scientific circle in the field of cyberspace were identified and selected was carried out Interviewing the selected elites was carried _ out using a semis tructured tool and production of final data was done through open and axial encoding. In order to measure the finding and prioritizing and validating them, another group of elites and specialists of cyber crimes detection (60 persons), as the sample volume completed a questionnaire to express their views, in the quantitative phase. The results reveal what the strategic model of countering cyber crimes in Iran should be and what are its dimentions, vectors and identifiers.

Money in the sense of a tool for exchange has a long history. The use of commodity money, mintage of metal coins, the printing of gold-backed banknotes, and finally the formation of unsupported banknotes can be considered as a summary of the evolution of money in national and transnational monetary systems. The current monetary system was established in all countries after the transition to the Bretton Woods system and the formation of "unsupported money". Despite the development of commercial and economic capacity in the area of the new order emerging from the global economy, this order has always been the focus of fundamental criticism by critics of the status quo because of its harmfulness. Inflationary nature of unsupported money, lack of intrinsic value, ill distribution policies and its transformation into a tool in the hands of governments to impose policies that have detrimental consequences for the middle and poor class people, mismanagement of existing regulators leading to economic crises, the negative consequences of which are also borne by the mentioned class, form the axis of criticism of the new monetary order. Altogether, these form a range of ideas, from reforming while maintaining the existing structure to transformational and revolutionary ideas to overthrow the existing order and to establish a new alternative. Hence, the provision of models to modify the status quo or to replace it, at least at the academic level, has been a topic for debate. The economic crisis of 2008 and the introduction of the new technology of "Bitcoin" as an alternative or virtual currency, with the function of money or payment system, paved the way for the creation of new dimensions that a year later, i.e. in 2009, with the beginning of its use, has attracted more and more attention which necessitate the need to change the current situation.

Theoretical frame work:

Virtual currencies can be considered as influential actors and messengers of fundamental developments and changes in the field of technological exchanges, which with the completion of the independent financial chain, on the basis of blockchain technology, has rung the alarm for a new stage of democracy in the context of financial democratization. Consequently, the various dimensions of this technology, obvious and hidden features of Bitcoin and its various capacities have been the subject of political, economic, legal and criminological discussion. In each of these fields, thinkers have evaluated this emerging technology from their own point of view and expertise, in terms of its different use, functionality and capacity.In this context, the unique features of virtual currencies intriguing different criminal activities have been considered by researchers in criminal law and cyber criminology. Traditionally, research on cyberspace from a legal and criminological point of view indicates the existence of features that have always made this space a suitable platform or an effective means of committing a crime. Virtual currencies are also used as a technological tool in the virtual space context. In this regard, the unique features of this technology and its combination with some other technologies in the context of cyberspace have created additional attractions that have attracted the attention of criminals more than ever.

The present paper tries to offer a comprehensive criminological analysis of the important dimensions of virtual currencies by a deep and critical review of the existing literature based on some existing theories with descriptive and analytical methods. The review includes studying the scope of criminal activities related to virtual currencies and attractive criminal features of this technology. An analysis of criminological etiology and providing preventive solutions against criminal risks of virtual currencies is another dimension of this study.

The salient features of virtual currency technology; such as flexibility and anonymity of identity, the potential to be used transnationally, in addition to facilitating exchanges and conventional uses, can lead to potential and actual criminal activities. To be concise, virtual currency as a service, facilitates delinquency, increases the number of ways by which delinquent activities can be committed and can create new types of delinquency. Thus, the benefits of virtual currencies, along with all their positive functions, can lead to significant challenges for those involved in, or in charge of the criminal justice system. In this context, the attractiveness of virtual currencies has created an opportunity for criminals to carry out their criminal activities with greater ease and security. Individuals identified as dangerous or high-risk in society can easily replace virtual currencies, as a technological tool that is outside the control of governments, by traditional financial services and instruments, which are explicitly included in the regulatory body, hence reducing the risk of crime detection and increasing the likelihood of a crime being committed successfully. This means that illegal funds or the purchase of goods and services from criminal markets will form easier and securer instruments which, in turn, provides grounds to improve criminal methods.Therefore, despite all the benefits of using virtual currencies, one should not forget negative potential, particularly criminal risks associated with it. This is because cryptocurrencies along with some advantages, are also actively used in criminal activities.

Conclusions & Suggestions:

Few suggestions are made to reduce the criminal effects of virtual currencies. These include legal recognition and determination of the nature of virtual currencies as an asset,  providing a specific tax model for virtual currencies, development of hardware and software infrastructure necessary for the safe and controlled presence of virtual currency operators, and finally, continuous monitoring of a system of informing, warning and raising public awareness of the criminal dangers of virtual currencies.

The phenomenon of punitiveness of public opinion is complex and influential on policy making, which derives from varying factors. The rate and factors of this phenomenon are not the same everywhere and among individuals depending on complicated interaction between different influential factors. The purpose of this article is to investigate the effect of four variables on the phenomenon, namely knowledge, sex, religious beliefs and education in three cities of Tehran, Mashhad and Qom on three crimes of rape, embezzlement and establishment or membership of pyramid companies. The present study was conducted using a survey method. The study population included all people 18 years and older in three cities of Tehran, Mashhad and Qom. Were selected 180 of them as the research sample using the available sampling method. The descriptive statistics method was used to describe the data and the chi-square correlation test was used to test the questions.Findings showed that there is no significant relationship between awareness and gender variables with the tendency to punitiveness. The level of education variable also proved to have a significant relationship with the degree of punitiveness only in the case of the crime of rape. Regarding the city variable and its effect on the tendency to punitiveness, a significant relationship was found only in the crime of rape. The findings of the present study emphasize the importance of using criminal experts in legislation for various crimes, as well as the need to inform public opinion about the nature and social effects of various crimes and their punishment.

The development of criminology and the subsequent failure of governments to deal with criminal phenomena have led to new approaches to protesting the status quo. Among these approaches was critical criminology, and one of the important theories underlying this approach was peace criminology. This branch of criminology is based on reconciliation and represents a peaceful approach to dealing with the perpetrators and is in fact opposed to any use of punishment. The pacifist criminology's view of the concept of crime and the ways to deal with it differ from those of other criminologists, and the use of this attitude and strategies for some crimes can have beneficial effects. In this regard, the experiences of some countries have proved the efficacy of this type of criminology perspective. The purpose of this article, after understanding the philosophical and religious foundations of pacifist criminology, is to gain an understanding of this type of criminology from the point of view of crime and then to understand the methods and tasks of dealing with crime from the perspective of criminology. Finally, following inspiration from the experiences of peace-loving countries in the area of some crimes, in particular violent crimes, it is suggested that in order to achieve the main purpose of different criminality, namely crime reduction, in the regulation of some laws and laws in Iran, Keep traditional approaches to criminology away from peaceful criminological perspectives.

Along with the accepted principles of criminal law, both in written and unwritten systems, the mere existence of material and mental elements of a crime is not sufficient, but their coincidence is also necessary. To substantiate this necessity, different and solid reasons have been raised, however, the acceptance of the "principle of the coincidence of material and mental elements", despite the pursuit of positive effects for the realization of justice, as the highest objective of criminal law, in some cases, also causes negative effects and injustice in the criminal justice system. The negative effects of the principle of "coincidence of material and mental elements" has not been widely and deeply discussed with a single intellectual approach. There is also no in-depth debate about the way and method by which these negative effects can be zeroed or reduced. This research examins the adverse consequences of the traditional or absolutist approach to the principle of coincidence between material and mental elements. It is concluded that a "relativistic" approach to the principle of coincidence can help the criminal justice system to avoid such negative effects.

Failure to return all cerebellar and cerebellar cortex activities is called brain death. As the advancement of medical technology was first introduced in 1952 in the United States and a few years later in France, this concept was introduced. Today, most advanced countries in the world have accepted, through laws or judicial decisions, that death is due to the cessation of brain activity, and brain death is a definite death. The main causes of the importance of brain death and the efforts of lawmakers to explain its nature are the issue of organ transplants from brain deaths. Following the issue in Islamic countries, differences between jurisprudents and physicians have taken place and are still ongoing. More or less, brain death is accepted and legislated as a definitive death in some Islamic countries. In Iran, delayed brain death in western Iran in 2000 along with the issue of transplantation of organs and the unit entitled "The Law of Transplantation of Patients Dead or Patients whose Cold Death is Certain" entered into the official laws of the country, but in the laws of the country Egypt has not yet explicitly referred to the acceptance of brain death due to numerous controversies and controversy of the controversial jurisprudents, and it can only be deduced from this by law in Law No. 5 of 2010. This research has been conducted in a library method with the aim of comparative study and the discovery of the weaknesses and strengths of the rights of both countries in Iran and Egypt. In this case study, in general, it can be said that Iran's law on brain death is more enlightening and more advanced than the Egyptian laws.