جستجوی مقالات مرتبط با کلیدواژه « نظام کیفری » در نشریات گروه « علوم انسانی »

Punishment has two legislative and judicial dimensions. This criminal process leads to sometimes complex equations, which can be pointed out in comparative studies. In this research, which was carried out based on the descriptive-analytical method, by considering the criminal systems of different countries and analyzing the spirit of criminal laws in the field of crimes against family rights and duties, it was answered that the penal system governing crimes against How are family rights and duties? And what distinctive features does it have? Finally, the question of which is the optimal punishment system in this field was addressed. In the first step, by studying the types of punishment systems (crime-based, offender-based, and guideline-based) and in the second step, by referring to the family protection law and the 19th chapter of the Tazirat book under this topic, and counting the principles governing the spirit of the laws through criminal examples. , the ruling criminal system in crimes against family rights and duties was identified as a criminal-centered model. The key features of this approach are paying attention to the reality of criminals, considering the principle of individualizing punishments and the necessity of observing the principle of proportionality of crime and punishment. Finally, the optimal punishment model in dealing with these crimes; A guideline-oriented system was identified. In the guideline-oriented approach, in addition to reducing the confusion of votes in similar cases, it can increase their strength and provide a specific model for judges in choosing punishments.

Throughout history, women have endured all kinds of violence and have never been fully supported by the criminal system. Although women need special protections from the criminal justice system due to their sexual and physical characteristics, they have been denied the same protection as men. If in Western societies after the industrial revolution and the active presence of women in the social scene, To some extent, men accepted the need to change the laws and accept women as human beings equal to men. It must be said that the situation is different in this part of the world. After the constitutional revolution in Iran, which called women to the middle of the field of freedom and equality, and the spirit of reformism ruling the society of that time, made women understand their inferior position, many organizations for the protection and realization of rights political and social activities of Iranian women were formed, but these organizations were either assembled and dismantled after some time, or their goals and main lines were deviated, as if there were those who did not want Iranian women to gain enough social and political awareness to assert their rights from Don't hesitate to try in this field. After the victory of the Islamic revolution in Iran, the situation of women again saw another change. In this, many problems that the society had faced prevented attention to women's issues and the restoration of their lost rights. But after the relative improvement of the society's situation, the issue of women's rights and the real status of this group was again brought to the attention of the authorities. Today, almost in most institutions and organizations of the country, devices for the advancement of women have been established, and these mechanisms and institutions have been designed and established mainly in recent years. In different branches of the government, special mechanisms have been established to plan support and monitor the advancement and progress of women. As a result, the participation of women in the political and social affairs of the society has increased and a wider field for activities has been opened for Iranian women. On the other hand, increasing the awareness of women in various fields was a very effective help to consider women and to work hard to eliminate discrimination and violence against this group of people in the society.

Corruption, especially administrative corruption, has adverse effects on various dimensions of human society's life and is one of the main problems facing the world's political systems. The ratification of the United Nations Convention against Corruption Merida 2003 is an international confirmation of this. In the legal system of Iran, by joining this convention, various measures have been taken in the two dimensions of preventing administrative corruption and dealing with it criminally. In addition, Iran's legal system has also paid attention to international cooperation to fight corruption. According to the results of the research, there are still serious problems in some areas to effectively fight corruption, and the most important problems in this field is the lack of criminalization of administrative corruption. In the private sector, the non-adoption of differential criminal procedure for administrative corruption crimes, the absence of a comprehensive national program for the prevention of administrative corruption, the existence of parallel regulatory institutions and the lack of detailed explanation of their duties, are the lack of serious attention to the internal control system. Therefore, It can be said that Iran's legal system does not have the necessary coherence and coordination in the field of dealing with administrative corruption. Solutions to improve and promote the fight against corruption in two theoretical, research and practical formats should be considered. Solutions such as local and comparative research on the root corruption, including the large size of the

Legal formalism takes an inflexible approach in the field of criminal offenses by giving importance to the unquestioning acceptance of the law in the field of crimes and determining the punishment for criminals. In contrast to this approach, another type of criminal law has been proposed, which defends the role of various factors in the occurrence of crimes, such as: individual characteristics, environmental and social factors, and also giving importance to the role of interpretation of laws, the authority of the judge. and issuing judgments based on the status of criminals entered the arena under the title of realism. Therefore, the realism approach can be considered as a critique against formalism. The findings show that in response to the inefficiencies of this approach in determining punishment in criminal matters, legal realism has been proposed. Realism is a method to overcome the shortcomings of the law, its inflexibility, replacing community-oriented methods instead of prison and retribution, paying attention to the judge's creativity in cases where the law is not a solution, and also a more accurate application of crime and punishment. In domestic criminal laws, alternative punishment, considering justice and benevolence in determining punishment and crimes, and also assigning a role to the judge's creativity are solutions for using realism in the field of the criminal system. The present research method is also descriptive and analytical and using documentary and library sources.

 Today, the development and implementation of legal and judicial reforms in line with economic development, according to many experts, is one of the most important and serious duties of governments. The study of substantive and formal criminal laws indicates that the judicial structure of Iran, in the field of moving towards the liberalization of the state economy and privatization, especially in the face and fight against economic crimes and business and commerce of the capacities and capabilities of modern criminal law It has not benefited enough and the judiciary does not have enough authority.It seems that the criminal justice system can work with systematic mechanisms in eliminating, decriminalizing and punishing crimes in the field of business and creating grounds for benefiting from restorative justice methods, including mediation on the one hand and, most importantly, Establishing differential proceedings in the fight against economic crimes disrupting economic security, such as forming a special police, establishing a central economic judicial complex in criminal protection of privatization and establishing market order, helping the healthy activities of domestic and foreign investors to achieve economic growth and development Play an important role.

The movement of the legislature and the judiciary in Iran in the last decade in order to reduce the burden of the criminal justice system and prevent the congestion of lawsuits and the frequency of referrals to judicial authorities in the form of balancing and de-escalating penalties and harmonizing laws and regulations with current findings. This indicates the need to make minimal use of the criminal justice system and to review enforcement guarantees and to diversify accountability for crime. The principle of minimization as a suitable solution for managing the process of prevention, control and fight against crime and its perpetrator through the propositions of eliminating the factors of increasing the criminal population and expanding decriminalization and presenting crime prevention measures and reforming the criminal system through Expanding sentencing and sentencing is a positive step. This policy has been considered by the Iranian legislature in such a way that with the approval of the Islamic Penal Code and the Code of Criminal Procedure in 1392 and the Law on Reducing the Punishment of Imprisonment in 1399 and the Judicial Transformation Document of the Judiciary in 1399 by providing various measures and changes In substantive and formal law, its real will to join this movement in the form of standardizing punishments with the social, economic and cultural realities of society and enhancing the capacity of public institutions and

Judgment of a criminal policy Resolving criminal cases in various ways and manifestations, outside the scope of official repressive measures, is a strategy of contracting criminal law derived from civil law, and its main root is in ethics and morality. In society, and given that the prosecution of a criminal case is not the main purpose of criminal law; Rather, prosecution is seen as a means of ascertaining the lost truth of criminal law; Prosecution of criminal cases can be subject to material and corruption; As the Shari'a rulings have these effects, one of the most important principles of criminal rulings is the principle of necessity of persecution or expediency or morality, which is superior in case of conflict with other evidences and rules.

At present, according to the ethical teachings of criminology (principle of personalization of prosecution) or de-prosecution by the prosecutor according to the personality of the accused and the circumstances in which the crime took place, as well as considering the ethics of the prosecuting authority with policy Criminal law provides grounds for acquittal and prosecution alternatives that correct the offender and compensate the victim. Explaining the realm of redress, the study highlights the role of those strengths and weaknesses of the issue.

The purpose of this article is to discuss the effect of justice-oriented model in juvenile delinquency with a comparative approach in the Iranian penal system and international documents, which has addressed the issue using a descriptive-analytical method. In the Iranian penal system and international documents, paying attention to determining criminal responsibility in children and distinguishing it from adults should be considered the first step of justice in the judicial process, which in Iran is considered the beginning of puberty following Imami jurisprudence. Children and adolescents are considered to be children up to the age of puberty and up to the age of 18 as adolescents. In international documents, children up to the age of 18 are recognized. For this purpose, the separation of juvenile courts in Iran and international documents, as well as the participation of parents in the trial process and efforts to expedite its process, as well as obtaining a lawyer are among the justice-oriented measures in the two criminal systems. Although in terms of differences between the two systems, it should be emphasized that there is a special procedure for juvenile delinquents in international documents, which has not been implemented in the Iranian penal system, but the separation of juvenile delinquent courts from adult offenders shows the will of the Iranian legislature. The distinction is between proceedings

The security of any government, both internal and external, is ensured in the light of military power. Most security crimes are compromised, but in some crimes this feature is more pronounced; In other words, the majority of crimes are directly related to national comfort and security, with military crimes being the most obvious example of these specific crimes.

This article is a descriptive-analytical method and shows the characteristics of the crimes of the armed forces and how to deal with them.

The division of crimes into military and general has many effects because military crimes pose a great danger to society and as a result they are severely punished and the general rules of mercy are not applied to them.

However, the distinction between military and civilian crimes is very important, and in this article we intend to express these issues and their ambiguous angles. Lack of attention to the importance of specialties in the armed forces, due to the repressive approach of criminal policy, causes the armed forces to achieve their goals by losing their human resources in the execution of many punishments. The United States Armed Forces, on the other hand, has pursued a consistently discriminatory criminal policy, using the penal laws communicated to it since President Truman, and has only it has been added.

The first immigration wave of Persians to India dates back to around 705-706 AD (Azargoshasb, 1968: 60), probably due to the disappointment of Zoroastrian community in Iran after Arab invasion and lack of hope to regain their fortune in a near future. After many Iranians converted to Islam religion, and harassment of Zoroastrians by Muslim rulers and followers was increased, some groups of Zoroastrians began moving to India and stayed there for good. The got settled in several spots within the North of India and formed local communities which were called Persians. They played an active role in Indian society until their lands were taken again by Muslims. Despite all unfair difficulties, challenges, and restrictions, Persian managed to survive in the subcontinent. When Europeans arrived in India, since they had relatively more fair and easy going policies regarding religions, Persian used this opportunity to involve in trade and business more than ever and hence, successfully expanded their communities (Azargoshasb, 1968: 60, Shahmardan, 1970:22).This period, in which so many foreigners were present in India, provided Persians a chance to express themselves; not only they reformed the Persian community of India, but also introduced their religion and ethics to the Western world by opening their doors to orientalists and gave them access to Avestan & Pahlavi books for the first time. They also could stablish more connections with people inside Iranian borders, especially with those Zoroastrians who had remained there. Moreover, years later these Persians played a positive role in India’s independence and civil wars which led to the disintegration of India in favor of the mainland. Their efforts were appreciated by Indian government and people. (Azargoshasb, 1968: 74-77). The growth of Persian literature during those centuries was dramatic and many books were written in Persian, Gujarati and Sanskrit languages including the versified Ardavirafnameh and Denkardnameh; the illustrated versions of their transcriptions are viewed in this research. With the aim of studying the place of Ardavirafnameh in Zoroastrian religious literature and analyzing its illustrations in comparison to the judicial system of Zoroastrian Jurisprudence, 15 images were selected from 4 handwritten illustrated versions plus the lithographed Indian Ardaviraf Nameh and then were subjected to description and analysis. Retelling a number of undue rulings added to Zoroastrianism by some magi (priests), a background is provided to distinguish pure from impure within the theology of Zoroastrianism.

This research is among the basic theoretical researches in terms of purpose and is considered descriptive-analytical in nature. Gathering library and documentary information and collecting tools is also phishing. The statistical population of the study is 15 selected manuscripts and lithographs of Ardavirafnameh and Dinkardnameh of India that have been selected. 

As well as there are various transcriptions from the original text of Ardavirafnameh, several Zoroastrian artists have also tried to illustrate them.There is no doubt that public attentions and enthusiasm towards Ardaviraf's story has been the most important reason for Zoroastrian writers and artists to approach this subject; but while studying these works, one must consider other social reasons associated with religious propaganda and competing with other religions and schools of thought as side motivations. The history of Zoroastrian art (after Islam) is largely obscure, and the exact number of illustrated copies of Ardaviraf's story is not known; more importantly, the artists who created these copies have remained mostly unknown.The sequence and continuity of the images of the story caused those artists not to follow the usual rules and frameworks of drawing and common depiction. The product of their efforts should rather be considered imagery, which usually does not pay much attention to the details. From these illustrations, we know four works, some of which are manuscripts and some are lithographs, and most likely all of them were made in India.

Ardavirafnameh is a literary-religious book. The narrations of Vandidad and some similar cases are often considered to be in contrary to the essence of Zarathustra’s teachings and several attempts have been made to exclude them from Zoroastrianism. This literary feature not only saved Ardavirafnameh from being lost and forgotten in the history, but also drew more and more attention to it. During the British domination of the Indian subcontinent, Muslim austerity on the Persian-speaking communities of India was somewhat reduced and therefore a noticeable progress was made for them in terms of culture and economy. It was during this period of time that Zoroastrian artists illustrated Ardavirafnameh versions. Not only they did not try to soften the text, but also drew dreadful illustrations for them as much as they could; and again, the woman -the Zoroastrian woman- was the main victim. They mostly focused on women. Women were being tortured and suffering from punishments which were generally related to their gender and sexuality; therefore sometimes pictures were degraded to rudimentary pornography level. This may have been influenced by India's larger society at the time, when both Muslim and Hindu groups were insisting on the traditional role of women, and Persians didn’t want to present themselves as ignorant and indulgent people regarding the sexual affairs of their small community. To address the questions of the present study, it should be clarified that the depictions of Indian manuscripts of Ardavirafnameh are largely influenced by non-court or traditional Indian painting style, which Zoroastrian painters used according to the text and based on the same principles and rules. It can be assumed that if these books were illustrated among the Zoroastrians of Iran, the result could have been quite different. Therefore, the relationship between these illustrations and Zoroastrian jurisprudence is an innovative and transversal one; hence, they cannot be considered as cases of Zoroastrian art. Similarly, the relationship between artists and the text of Ardavirafnameh is a relative one in which the artist intends to warn his audience and thus he hasn’t paid much attention to the aesthetic aspects of his work. One of the biggest points that the illustrators have overlooked is that they have not paid enough attention to the temporal and spatial environment of the story; the character faces are similar to the Indians of recent centuries, and certainly not the pre-Islamic Iranians. Ardaviraf himself and his companions are also dressed like the affluent and elite class of India of that time. So, overall it can be concluded that these illustrations are mainly independent from the literary text of Ardavirafnameh, and they should be studied separately. A total of four illustrated copies have been identified, all of which emphasize on the severe torments and suffering of human souls in Hell; the use of cold and bright colors in colorful drawings has added to the negative psychological aspect of them. Artists tried not to depict nudity of body organs as far as they could, especially those of women; but they did portray naked bodies without any cover only for the purpose of showing their helplessness versus their punishments.  

Today in the penal system, there are good reasons for the development of criminology, especially in the field of economic crimes. In addition, criminal policy has described crime prevention as highly effective against crime. In order to encourage the maximum participation of members of society in the prevention of economic crimes, caution is needed in the development of criminology in this area. Accordingly, new laws on economic crimes have been passed. Nevertheless, the necessities of criminalization in the field of economic crimes remain strong.

In the present study, the definition of economic crimes has been tried to be examined in the form of verbs and omissions by presenting the definition of economic crimes.

Ethical considerations: 

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The findings of this study are more criminalization and innovation in the field of smuggling of goods and currency, weakness in improving the criminalization of money laundering, inappropriate and discriminatory attitude towards the private sector, encouragement to report economic crime.

The results show that the legislator of the Islamic Republic of Iran in some cases has considered abandonment of acts as an economic crime, and in other cases has created crimes with a positive act, and in other cases, despite international needs and requirements, economic crimes. Has not developed.

Consumption of goods is sometimes associated with damage to the consumer. This damage may be due to the defect of the manufacturer's knowledge to the factors of damage and its harmfulness. If this defect is pervasive and is not due to the manufacturer's negligence or fault, it has been accepted in some countries as a waiver of civil liability. iranian law has not objected to this discussion; But by examining the principles and rules of law and the necessary conditions in creating civil liability, the defect of human knowledge can be considered as relieving civil liability. There are numerous and at the same time ambiguous legal documents to prove the principle of the government's obligation towards infectious diseases in domestic and international laws and regulations, which should be examined based on them and legal and sometimes philosophical principles. This research is of applied type and descriptive method and the method of collecting information is library.

Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-way issue that deals with the rights and freedoms of individuals in society on the one hand, and with public order and security on the other. As new conditions and require em ents emerge, criminal law has had to comply with new human rights considerations in its proceedings, inclu di ng the principles governing punis h m ent, those that criminal law must seek to adopt new human rights app roa ch es, in accordance with these principles. There is no doubt that this issue and its requirement are not only for domestic criminal law, but also for international cri m in al law. Explain that, today, the need for trial and pun ish m ent of international criminals is not hidden from anyone.

It is not logical to convict the offender without considering his personality, and in addition to the crime, the judicial authority should pay attention to the factors influencing the commission of the crime, including psychological, physical and social factors, and should understand the causes that made an ordinary person a criminal. Find those knowledge factors. Otherwise, the decision he will make will not only not be based on justice, but is cruelty. The history of the personality file should be studied during the views of the criminal schools on the categories of crime and punishment. Venice also determines the punishment with appropriate security and training measures with the perpetrator of the innovations of the new school of social defense. In the new bill of Iran's criminal procedure approved in 1392 in the Judicial Commission of the Islamic Consultative Assembly, the formation of a personality file is required to investigate the accusations of adults and children and adolescents in important crimes and in other accusations children and adolescents are considered by the judge. In this article, we have tried to define personality and nature and methods of assessing personality and the benefits and necessity of personality file in all stages of the trial. The purpose of this article is to recognize the necessity of forming a personality file in the Code of Criminal Procedure.