جستجوی مقالات مرتبط با کلیدواژه "اطفال و نوجوانان" در نشریات گروه "علوم انسانی"

In the Code of Criminal Procedure of 2014, for the first time, the differentiation of the special police for children and adolescents has been considered through Article 31 and the development of a new law in this field. With the approval of that, significant changes will occur in the criminal procedure for children and adolescents. A number of these developments are related to the structure of criminal justice. In light of this, a special section of the police with trained agents should be established to deal with juvenile delinquents. The realm of restorative justice expands by providing and preparing family meetings for these delinquents. The procedure for dealing with the delinquency of this category is transformed through the bill establishing a special juvenile police. Differential treatment of how “to supervise juvenile delinquents” and the necessity of identifying the rights of these delinquents in the criminal process are among the most prominent changes in this context. The approval of the aforementioned bill makes the role of the police towards this category more structured than before. In this article, the future of Iran’s criminal procedure in terms of the structure (1) and duties (2) of the police to respond to juvenile delinquents is examined.

Article 1173 of the Iranian Civil Code can be considered an example of "children and adolescents at risk" or "vulnerable children". These children, for the same reasons that put them at risk and all kinds of harm, need different support in all kinds of criminal policy elements in order to save themselves from this dangerous situation. The study, while providing a brief definition of some basic concepts and examining examples of children and also children at risk and the extent of criminal and non-criminal protections for them, through the application of legal measures in the current laws and regulations of the country, with a comparative approach and attitude The legal and criminal system of the country of Lebanon concludes that I have not yet witnessed a systematic, coherent and integrated law and regulation in the form of a special title such as the law "Protection of children and adolescents at risk". Such a situation prevails in Lebanon and there is no separate law that is not under this title, although various laws, such as the Model Law on the Protection of Children in Lebanon, have provided some protection to this vulnerable group in this regard.

The ideological foundations governing the penal system of any country have a direct impact on the formulation of criminal responses and criminal policy in the fight against crime. Children and adolescents as a subject of criminal policy in any society because they play a decisive role in the fate of any country, is very important and necessitates the adoption of defamatory criminal policy in the field of punishment. One of the differential manifestations of the intellectual foundations of responding to the criminal behavior of offenders is the acceptance of the idea of ​​the "right to rehabilitation" instead of the "right to be punished" for children and adolescents. The right to rehabilitation is one of the most prominent human rights; In such a way that a person has these rights from childhood and in all stages of his life, even when he is convicted of a crime. Therefore, all governments and rulers, regardless of the religion of the members of society, while respecting their equal rights in political, economic, social and cultural terms, are committed to providing a suitable environment for the growth and excellence of children, especially children. Provide the offender. One of the fundamental rights of the human family is the right to reform and rehabilitation. The exercise of this right plays an important role in replacing values ​​and norms commensurate with social developments in a collective and widespread way in collective life.

Penal policy towards children and adolescents in Iran and Oman is a lenient and mitigated policy. However, there are many differences in terms of the type, amount and quality of the reaction against juveniles’ offences in Iranian and Omani law. In Iran, the reaction against children and adolescents’ offences is based on the "type of offence" component (requiring Had, retribution and blood money or whether the offence is subject to Ta'zir) and in Ta'zirat is based on the "age category of the perpetrator" (9 to 12, 12 to 15, and 15 to 18 years), but, in Oman, the reaction against children and adolescents is divided into two categories: supervisory and correctional, and the supervisory reactions are for offenders in the age group of 9 to 16, as well as children at risk, and the correctional reaction is for offenders 16 to 18 years old. The question is which of the two laws of Iran and Oman is more effective in dealing with children and adolescents? In this article, using a descriptive-analytical method and library sources, including laws, books, articles and judicial opinions, "the reflections of lenient penal policy" and "the challenges of lenient penal policy" are examined, and by criticizing the legislative approaches of Iran and Oman regarding children and adolescents, the hypothesis has been strengthened that the Iranian legislator has not succeeded in creating a balance in the two realms of minors-delinquent and minors-victim, and Omani legislator have failed to provide appropriate and fair solutions to deal with this category of delinquents.

The main basis for differentiating responses in the crimes of children and adolescents is the commitment to the welfare model. This model aims to improve the behavioral and personality status of delinquent children and teenagers with an idealistic view and influenced by the human rights strategy. One of the main aspects of accepting the welfare-oriented model is to pay attention to the policy of individualization of answers. This principle means fitting the answer to the character of the offender. The individualization of answers will be realized through the de-authentication of non-clinical variables such as the severity and nature of the crime and the adoption of a child-oriented approach. On the other hand, the diversity of the answers, the preference of the non-incarceration alternative response over the incarceration-reducing answer, and the dominance of the new circuit alternative approach over the traditional one is one of the most important dimensions of attention to individualization. The method of this research is based on the content analysis of the Islamic Penal Code and judicial procedure. The findings of the research indicate non-adherence to the welfare model in terms of individualization in determining the response, that is, depending on the case, in punishment crimes, the model of substitution of imprisonment, and in criminal and retributive crimes, the justice model as the dominant model of punishment has been accepted for crimes against children and adolescents.

The purpose of this work is to investigate the civil liability of parents and guardians of children and adolescents for the violation of their right to education. The government is obligated to provide the means to exercise the right to education, the subject of this obligation is also a sovereign act, so in this case, the responsibility of the government cannot be ascertained in domestic law; Second: Government employees, if they are legally supervisors, will be civilly responsible according to general regulations; Thirdly: Parents, as well as legal and practical guardians, in case of violation of the right to education of children and adolescents, will be held civilly responsible for the material and spiritual damages caused to them, if they are found guilty. Civil liability resulting from damage to third parties as a result of violation of the right to education is out of the scope of the discussion.
 

Today, the increase in the occurrence of crimes committed by children and adolescents and the developments and ambiguities of criminal regulations have brought a challenge whether it is possible to talk about the general rules of intensifying security and educational measures or punishment for the crimes committed by these people. In judicial procedure, sometimes this challenge affects the fate of proceedings against these people. In this article, which uses analytical methods and library tools and a survey of some judicial decisions, it aims to interpret the regulations correctly, and the legal attitude of the judiciary towards the feasibility of applying the provisions of multiplicity of crimes to children and adolescents in Iran's criminal policy.

According to Articles Nineteen and Twenty of the Iranian Constitution, all individuals, including men and women, are equally subject to criminal laws, and gender makes no dual standard. However, although both men and women have equal rights as they are human beings, what comes from criminal laws and regulations indicates the distinction between them in terms of rights and duties.Another noteworthy issue is that, neither before nor after the Islamic Revolution, no law has ever been passed in the Iran’s criminal laws regarding the punishment of perpetrators with a hermaphroditism disorder. In the present paper, the impacts of hermaphroditism on the realization of sex crimes, the treatment of criminal cases of hermaphrodite children and the execution of their sentence are investigated given the specific characteristics of these individuals and the gender difference of age responsibility for criminal cases. In this vein, there were used descriptive-analytical method and applied approach and the substantive and procedural laws were reviewed. The results indicated that gender plays a key role in the occurrence of some crimes and, in cases where there is no gender for the child; the legislator has not specified any rule. There is also no differentiated approach to judicial review and enforcement, whereas, given their specific physical and psychological status, this approach is essential in reviewing and enforcing sentences against these individuals.

Special police for children and adolescents as a special institution of pediatric system in Iran were for the first time envisaged in the Children and Juvenile Delinquency Act 2004, and then implicitly emphasized in the fifth development plan law, but due to Failure to approve the bill, as well as the failure to implement the Development Plan Law, was mandated by the Penal Procedure Code of 2014, in Article 31, to create the special police for children and adolescents, and the police organization was required to form it.

This research is applied in terms of objective and descriptive-analytical in terms of method.

Comparative study of the subject in France and the United Kingdom shows the need for effective and special police for children and adolescents to change organizational structure create a systematic educational system, predict effective behavioral and communication mechanisms, use of the special interviewing process, anticipate the guarantee of enforceable performances by the police and adopting police detection mechanisms.

with considering special police for children and adolescents emergence in Iran's criminal justice system, the present study, while reviewing the course of legal developments in relation to the subject in the legal system of Iran, France and the United Kingdom, specifically describes the structure, function and characteristics of the special police for children, Identifying adolescents in Iran and using practical experiences in the countries of France and the United Kingdom in this area, provide executive and practical solutions aimed at the proper, effective and efficient formation of special police for children and adolescents.

One of the problems of today's society is child labor or street children, which unfortunately due to the partial resolution of some problems of child labor by government bodies and NGOs and the lack of observation of the depth and severity of this issue, the number of child laborers is increasing day by day, and in many cases, because most of these children do not have any registration of identity, it is impossible to provide accurate statistics of the number of these children. In this article, we're going to look at what are the most important injuries and actions taken in child labor? Today, as a result of the development of cyberspace, a new concept of children working on Instagram has emerged that these children are used by their parents to be profitable by showing different aspects of their lives.In order to protect child labor and to prevent delinquency and delinquency, new laws must be passed with guarantees of strong and efficient implementation.The following article describes ways to help these children and solve this crisis.

Victimization of children and adolescents is one of the problems of today's world, and the physical and mental conditions of children, their vulnerability and the multitude of cases of child abuse justify the existence of a special judicial system for this group. Until a few decades ago, there were few guidelines in international documents regarding the differential proceedings of delinquent children, and the focus was on delinquency of children, but in the last two decades, under the influence of criminological perspectives and the efforts of civil institutions, this matter has been the focus of legal circles and documents. Despite the approval of the Child and Adolescent Protection Law in 1381 and the Criminal Procedure Law in 1392, Iranian law has not included this issue in the legislative field and has not taken into account the characteristics of differential proceedings. This article has been written in a descriptive-analytical method with the aim of examining the main components of differential proceedings of child victims in the pre-trial stage in Iranian law. In this regard, while explaining the characteristics of the subject, the current situation is examined and the desired situation is explained by looking at international documents. According to the research findings, despite the efforts of the legislator in the Law on the Protection of Children and Adolescents approved in 1399, shortcomings in this area are still observed.

In recent years, various theories have been proposed in the field of crime prevention in order to reduce the amount of crimes in societies, by the thinkers of this field. The pattern and nature of delinquency depends on the age. This type of prevention prevents the risk factors that encourage a child or teenager to commit delinquency and strengthens the factors that support their healthy life in order to avoid incompatibility, deviance and criminal acts. prevented by them The mentioned factors can be considered both as a risk factor and as a prevention factor and as a basis for the development of children and adolescents in the Law on the Protection of Children and Adolescents, because growth-oriented prevention is used in a way specific to these ages, it led us to Let's look for fields of this type of prevention, which in Articles 1, 3, 6, 16, 32 of this law, the legislator's attention to it is clearly evident, also with the approval of the "Protection of Children and Adolescents" law in Iran and the "Dealing with Juvenile Violations" law. In Afghanistan, there are signs of the acceptance of a differential criminal policy in dealing with crimes against children and adolescents in the criminal law of Iran and Afghanistan, which has been referred to in the law of dealing with children's offenses in Afghanistan, although it is limited.

This study was conducted with the aim of providing a practical model for preventing sexual abuse of children and adolescents in Iran.

The present study is classified as cross-sectional research from the perspective of the applied research audience, from the perspective of the exploratory goal, and from the time dimension, which was conducted through a mixed (qualitative and quantitative) approach. The data were collected in the qualitative part of the research synthesis and in the quantitative part through a researcher-made questionnaire. To analyze the data obtained from the questionnaire, chi-square test and Fisher's exact test were used using SPSS version 18 software.

The results of the research synthesis showed that the factors affecting the sexual victimization of children and adolescents can be divided into eight social, economic, gender, family, demographic, media, psychological and biological factors. Also, the results of the investigation of 22 sexually abused children and 43 sexual offenders in Ardabil showed that the mentioned factors are effective on the delinquency of children and adolescents in Ardabil (P<0.05).

Overall, the results of this study showed that the developed model is based on theoretical and practical principles.

The present study tries to explain and investigate the cyber pornography of children with emphasis on the Law on the Protection of Children and Adolescents approved in 2019.

The type of research in this research will be theoretical and based on the analytical-descriptive method based on accepted legal principles. The data required for the current research were collected through the library method.

In most countries and legal systems with a protective view, cyber pornography of children has been considered as a criminal behavior and is considered as one of the examples of computer crimes against children, which is usually accompanied by severe punishment. The special features of cyber space such as: ease of access, convenient, fast and low-cost distribution along with security and concealment of the nature of the criminal, have made this space a special environment for committing this crime. Before the adoption of the Law on the Protection of Children and Adolescents in 2019, pornography was not defined in Iranian law, but it was recognized as a crime against chastity and public morals, which the criminal lawmaker has regulations about in the computer crimes chapter of the punishment section of the Penal Code. Islam had established The Law on the Protection of Children and Adolescents approved in 2019 defines this concept; According to Clause D of Article 1 of this law, pornography is: the preparation and production of any work whose content expresses the sexual attraction of a child or teenager, such as nudity, intercourse, sexual acts or sexual organs.

With all the progress of the law on the protection of children and adolescents approved in 2019, this law is not comprehensive regarding the punishment of the perpetrators of crimes against children, especially new crimes such as child cyber pornography, and sometimes there is a need to refer to other laws in this regard. Among them, the law on computer crimes and the law on how to punish people who engage in unauthorized activities in audiovisual matters can be seen.

The main purpose of this study is to investigate the effect of parents' economic status index as a factor on the sexual abuse of children and adolescents under the age of fifteen among those who refer to four social emergency centers located in Tehran province. In order to investigate the economic conditions of the families of sexually abused children, the factors related to the economic status were selected using a researcher-made questionnaire and available sampling method, and the relationship between the variables was measured using spss software and statistical tests, and the correlations were analyzed. it placed. The results of the analysis of child sexual abuse cases referred to the social emergency indicate that nearly half of the studied sexual victimized children (52.7%) live in bad economic conditions, 35.5% of them have They are average and only 11.8% of them had good economic conditions. The findings of this research confirm that there is a statistically significant relationship between child sexual abuse and the economic status of parents. The test of hypotheses indicates that many factors, including economic causes and the unemployment status of parents, play a role in the occurrence of child abuse. Statistics show that more than one-third (33.7%) of fathers are unemployed, and the risk of sexual abuse is higher in children whose fathers are unemployed. It is necessary to identify these factors in order to prevent child injury. The results of this research can be used as a useful resource for government agencies such as welfare, non-governmental organizations, parents and teachers.

Among Imamiyyah Faqihs, there are two points of view about the age of Maturity: famed and non-famed. Contrary to popular view, the non-famed view, due to important and undeniable effects of Maturity on the Peoples' lives, has Avoided from Subjectiveness about Maturity and believes in modification and quantitative development on Criminal Maturity subject. this research, while asking untouched questions about the rational foundations that justifying the non-famed fatwa and the possible effects of its implementation. Also explains the nature of Maturity as, i.e. "Imzaei (affirmatory)" and "Gheyre ta'abodi (non-devotional)”.Moreover, by considering human and international changes and developments try to commentating on consequences of the enforcing aforesaid fatwa(non-famed) In the current society of Iran. This article by relying on rational arguments and referencing the current as well as potential consequences of Maturity in Islamic fiqh and the Islamic Penal Code of 2013 propose the age of "eighteen" as a granted legal presumption.

The increasing growth and transformation of crimes that can be committed in cyberspace and the spread of negative and harmful consequences resulting from them cause physical, psychological, social, moral and economic harm to children and teenagers. Therefore, in addition to the substantive and procedural laws and regulations that have been established to protect all victims, it is necessary to stablish special laws by considering the special conditions of children and teenagers victims to support them. The purpose of this article is to investigate the innovations of legal materials and the possibility of their extension to the field of victimization of children in the cyberspace as well as discovering the shortcomings and offering suggestions in this field.

The present research has been done using descriptive-analytical method and library resources.

Although the legislator of Iran, under the influence of the criminological teachings of children and teenagers and the awareness of their special conditions, support them with the "Law on the Protection of Children and Teenagers", provided protections such as explaining the dangerous situation of a child or teenager, establishing a children and teenagers protection office and imposing duties for institutions such as Welfare Organization, police force, Prisons and Security and Corrective Measures Organization, Ministry of Interior and Ministry of Health and Medical Education and benefit from welfare social worker, but their special support in cyberspace has been neglected.

The criminal system needs to take measures in order to protect children against threats caused by cyberspace in two levels of preventing harm against children and teenagers and support them after being victimized.

The right to counsel is one of the main aspects of a fair trial. In the meantime, considering children's lack of full ability to defend, it is more important for them to have legal assistance. This study was conducted with the aim of investigating the level of attention of the Code of Criminal Procedure approved in 2012 and international documents regarding the legal assistance of a lawyer to a child in the process of criminal proceedings.

The present research was written using the descriptive method and the use of library resources consisted of related laws and legal documents.

Legislator in Iran, along with taking some innovative measures such as recognizing the right to visit a lawyer in the stage under supervision and paying attention to the role of a lawyer and his legal assistance for children in the stage of protesting the sentence, regarding the benefit of criminal children from a lawyer in the trial stage, adopted two different approaches. In this way, the existence of a lawyer during the proceedings is not mandatory, but can be applied as a matter of law, regarding crimes of degrees six to eight, as well as other crimes without the legal punishment of imprisonment. However, in crimes that are under the jurisdiction of the First Criminal Court, and in the crimes that require the payment of Diya or Arsh more than one-fifth of the full Diah, as well as in Tazeeri crimes of the sixth degree and above, the presence of a lawyer in the proceedings is assumed to be mandatory. The study of international documents regarding the effects of legal assistance of lawyers for children shows that these documents have paid attention to the role and position of lawyers in the protection of children in the three stages of pre-trial, trial and appeal.

In the Code of Criminal Procedure, in line with international documents, the domestic legislator has paid more attention to the role of lawyers and legal aids in dealing with children's crimes.