mahdi sabooripour

Establishing security and health in human societies is among the primary needs of humanity, which is sometimes threatened by terrorist operations. Terrorist crimes against social security refer to rough and violent operations by armed groups or individuals to create fear, terror, and insecurity in society. These crimes are committed to create public dissatisfaction and weaken security and social systems. Terrorist attackers use methods such as armed attacks, explosive billboards, assassination, kidnapping, cyberattacks, and other violent methods to achieve their goals. The present research tries to answer two questions: 1) How is the strategy of international documents? 2) How are the measures currently being implemented in Iran in the arena of supporting victims of terrorist crimes?

For this purpose, and based on the descriptive-analytical method, first, the relevant data were collected using the library tool, and then an attempt was made to compare and evaluate the measures of the Iranian legal system using international documents.

The findings show that there is no coherent system of support for victims of terrorism in the country, and sometimes only case-by-case support is provided and lacks comprehensiveness.

Conclusion and Suggestions:

 Support for victims, or victim-oriented criminology, is a new approach in the field of criminal policymaking, and via its application, a model of a criminal system could be drawn that revolves not only around the offender but also around the victim. A prominent feature of this new approach is the diversity of its constituent components within the framework of criminal policy, which clearly defines the dimensions and practical aspects of this model by creating supportive strategies at three legislative, judicial, and executive levels. Given the above considerations, it is suggested that by eliminating legal loopholes and providing the necessary measures, a comprehensive support system in various economic, psychological, legal, and similar fields should be created for victims of terrorist crimes in the country.

Child abuse is one of the growing crimes, in recent days and there has been a significant increase in child abuse statistics. Therefore, it is very important to take the necessary measures to prevent such criminal behaviors. Child and Adolescent Protection act, adopted in 1399, is one of the legislative innovations to prevention and legal confrontation with this phenomenon that provided significant legal protections to children and adolescents. However, there are still many legal and practical challenges facing it. In this library research, innovations and challenges of this act were examined, the result of this studies are as follows: One of the innovations of this act is maximizing the capacity of government organizations such as the Welfare Organization to prevent child abuse, identifying and providing legal protection to children and adolescents at risk of victimization such as children dropping out of school, children with parents Prisoners, addicts, and redefining the harms to children and adolescents, such as economic exploitation of children and child pornography. On the other hand, the practical challenges of this law are the restriction of the concept of emotional harassment and the lack of enforcement guarantees for it, the imposition of minimum punishments for abusive parents, the imposition of minimum punishments for sexual harassment, and the lack of appropriate mechanisms to personality file for abused children.

The threat posed by terrorist groups in Iraq, not only for the country but for the whole world, and especially for neighboring countries, is important in addressing the criminal legal response to the Iraqi judiciary. Despite the extent of the terrorist acts of this group and its members, the measures taken by the criminal policy of this country to deal with the detainees, as well as the challenges in this regard, are among the main questions of this article. In this regard, the pathological attitude towards the country's Code of Judicial Procedure in interaction with the Special Law on Combating Terrorism and referring to the cases of members of terrorist groups, especially ISIS, shows that criminal proceedings are a form of the same rules of criminal procedure. It follows other crimes and does not have a differentiated criminal proceedings. In addition, the method of committing the crimes of the members of this terrorist group makes it doubly difficult to determine the method of assigning the crimes that have been committed as a group, and this will delay the trial. For this reason, the implementation of the judicial process in a discretionary, politicized and mainly military manner has made it possible to question the observance of the proceedings mentioned in the Code of Criminal Procedure.

Effects and Consequences, The democratic approach of criminal policy by using popular institutions and organizations, their participation in responding to social deviations and the power of the government to turn to crime; Accordingly, the determination of the normative scope and scope determined by the government narrows or expands the presence of civil society in the field of criminal policy; In a way, if the government expands the boundaries of normalcy and controlled space, the realm of normalcy and free space will be reduced, and civil society will play a lesser role in this regard, and as the controlled space of government degrades, the ability of citizens to maneuver and limit Government responses are increasing.

This article is written as a descriptive and analytical method.

The significant presence of citizens in the democratic model of criminal policy will also play an important role in increasing productivity and accelerating the implementation of legislative, executive and judicial criminal policy plans. The participatory approach focuses on the development of social strategies, which are themselves based on local needs, and seek to involve citizens and non-governmental organizations in prevention programs. Finally, this prevention has emerged following the idea that crime prevention without the help and participation of the people cannot have the desired result; Because crime is a social problem and it is the duty of every citizen to control it alongside the government. Therefore, the more and more tangible the participation of the people, the local community and non-governmental organizations, the greater the sustainability and success of prevention programs.

Murder in the marriage bed is a confirmatory law and it is not from the new established laws of Islam and Imamie Jurisprudence .This rule is foreseen in the Ur-Nammu code ( 2100 B.C.E ) , Eshnunna code ( 1770 B.C.E ) , Hammurabi code ( 1750 B.C.E ) , Hittites code ( 12th to 17th century B.C.E ) , and other codes such as ; The Assyrian code , the codes of the Japanese Empire , the codes of ancient Greece and the codes of ancient Rome . In contemporary times, this rule is foreseen in the Customary penal code (1295 SH), the General penal code (1304 SH) and the Islamic penal code (1375 SH). This topic specifically entered Iran’s criminal law from the Napoleonic penal code and inserted by Firouz Mirza Nusratal-Dawlah in the customary penal code. Similar to this regulation, also has been seen in the penal codes of countries like Portugal, Belgium, Italy, Egypt, Kuwait, Iraq and others. In the present article , An analytical-comparative method will be used to study the genealogy of murder in the marriage bed and emphasis on being confirmed of this regulation in the Imamie Jurisprudence , as well as the comparative study of similar provisions in ancient criminal codes and the contemporary Iranian criminal codes and other countries of the world .

In different legal systems, nominal, punitive and compensatory damages have been identified according to the principles of civil liability. In reviewing the Iranian legal system, it is clear that the most attention has been paid to compensatory damages, i.e. compensation for damages and restoration of the former situation. As such, it has been dealt with reluctantly and limitedly in its acceptance of immaterial damages as a form of punitive damages, and the way and means of determining it has not been anticipated. Whereas one of the most important types of damages resulting from physical injury is immaterial damages, including pain and suffering, which itself can be divided into different branches. In fact, the term suffering is used not only for physical pain but also for a range of intangible injuries such as fear, anxiety, sadness, and disrespect. In American law, the scope of payment for pain and suffering is varied, and most of these cases have been considered but there is no consistency in the assessment method, and It has used various methods such as determining the lump sum, determining the cap or ceiling on the amounts awarded, per diem calculations etc., and in most cases, the severity of the damage is one of the main components and the method of compensation is financially provided. Regarding the acceptance of immaterial damages in Iran legal system, research has been done in this field, but in particular, the damage of pain and suffering has not been addressed. This article examines the US legal system and its calculation methods to obtain and predict the legal tools for removing this gap in the Iran legal system.

In different legal systems, the limits of the judges in relation to the determination of punishment have been challenged. In the Iran legal system, the range of these powers varies according to different crimes and their characteristics. In this way, in some crimes, this range is very limited and in others it is very broad. The practice of courts has often been such that they have used all the capacities of all laws and regulations in line with a mitigation or aggravation approach. In this article, under two sections, the practice of military courts in mitigate and aggravate punishment has been tried to clarify these courts as well as to determinate the lacks and deficiencies of measures. Finally, it become evident that the arrangements for the Armed Forces Penal Code in both approaches required modification and predication of measures tailored to the systems in the armed forces.

Customary Criminal Code (1916) is the first substantial code in Iranian criminal law. This Code is ratified about 38 years after Counte Code (1879). Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. Recognition of the typology of crime and punishment in customary penal code is of great importance. So that, this law has many effects in criminalization, the new division of crimes, determination of various penalties, especially imprisonment, identification of different institutions and principles predictions such as the principle of legality of crimes and punishments on the penal codes after itself (from 1304 to 1392). The crimes divided into three groups of crimes against persons, property and security the first time was done by this law and the sentence of imprisonment organized and widespread in this way entered into Iran Criminal Law System. In the present article explain the penological analysis of Customary Penal Code and the statement of the penals system of this law and penological evaluation based on the functions of punishment.

Customary Criminal Code (1295) is the first substantial code in Iranian criminal law developments . This Code is ratified 38 years after Counte Code (1258) . Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. In Naseri period, French Penal Code (1810) , and some of Ottoman regulations were translated, but they were not ratified by Naserredin Shah. These laws and regulations were accepted by Nosratodoleh. This article examines ratification of Customary Criminal Code and then analyzes typology of crimes and penalties.