جستجوی مقالات مرتبط با کلیدواژه "criminal justice" در نشریات گروه "علوم انسانی"

Criminal laws (aḥkām-i jazāʾī) constitute a part of the body of Islamic Sharīʿa. In the modern world, some claim that some of these rulings, such as the execution of apostates, harsh punishment methods, lūth and qasāma, retaliation punishment (qiṣāṣ) against the mother, etc. go against ethical criteria. Three main approaches can be identified regarding this issue: defensive and justificatory, critical and reformist, and ethical/rationalist. The first group entirely denies the existence of any challenges and considers religious rulings to align with religious ethics. The second group acknowledges the existence of the challenge and seeks reform regarding the issue. The rational approach, however, emphasizes the necessity for sharīʿa to align with ethical norms and propositions. Therefore, the third group supports fundamental changes to the foundations of criminal laws. The present essay employs a critical-analytical approach and seeks to offer practical solutions to resolve the discrepancy between criminal laws and ethical standards, aiming to make them more socially acceptable. The authors contend that when a criminal law goes against collective reason and conscience, ethical proposition should take precedence. Therefore, it is necessary to Review some of the criminal rulings in light of ethical and rational principles.

In Amartya sen's theory of human development, development means freedom. One of the five types of freedom in this view is economic freedom and one of its most important indicators is the rule of law. From this point of view, the criterion for evaluating various social institutions, including the criminal justice system, is its contribution to strengthening, guaranteeing and the degree of commitment to protecting economic freedom. One of the indicators of the rule of law is the "Constraint on Government Powers ". The main issue of this article is how effectively the government's economic power has been limited in Iran's legislative and judicial discourse. For this purpose, analytical-descriptive methods and content analysis of legal texts and interviews with ten judges handling economic cases (from march to July 2024 ) have been used as information gathering tools. Empirical findings do not positively evaluate the performance of Iran's criminal justice system from the perspective of Constraint on Government Powers.

"Victimology" as a positive approach in supporting the victims is one of the prominent features of criminal doctrines regarding the position of the victim in criminal justice. This new approach not only examines the rights and protection of victims in a victim-oriented system, but also by passing through the transformation of ideas, it has become a classical approach and then a sociological approach; So, if criminal law does not pay attention to the needs of victims, this system cannot achieve its truth, which is the necessary efficiency in fighting criminals and controlling crime. In some crimes such as "murder" and "rape", "crime analysis" is considered one of the important approaches of criminal policy; In this approach, an important model should be set in the judicial dimension in supporting the victims of murder and rape. In this research, judicial criminology will be examined in the two legal systems of Iran and the United States; The question is, what is the position of criminal justice in the crimes of murder and rape in Iranian and American laws. We will see that in both systems, despite the differences in the legal policies for the protection of victims, victimology is one of the most fundamental criminal rights of victims in the criminal justice system. Therefore, the right to compensation for the effects of victimization and respect for the victim's human dignity are considered to be the theoretical foundations of the multiple model of victim protection.

Just as the internal combustion engine revolutionized warfare in the early twentieth century, artificial intelligence is shaping warfare in the Digital Age. Fuelled by data rather than gasoline, artificial intelligence (AI) derivative technologies are driven by innovation in both the military and civilian sectors. Today’s defence scientists and engineers, like their predecessors, develop physical equipment and weapons, but instead of simply making them more powerful and lethal, they are also making them more intelligent and connected. As AI is increasingly integrated into military tools, the digital footprints of modern battlefields will grow exponentially, generating new sources and types of data that will fundamentally alter war crimes investigations. This article examines emerging military applications of AI in order to identify what opportunities and challenges these tools might offer international criminal investigators. Will more sensors and smart devices on the battlefield benefit or burden the investigation of war crimes? Moreover, will intelligent machines add to the fog of war or help us see through it?

Preventing criminal propensity is one of the vital subjects in the fields of psychological and social sciences. In this regard, the role of social psychologists is crucial in preventing individuals who are at risk of criminal propensity. These psychologists strive to provide solutions for preventing criminal propensity by examining various factors such as social relationships, family dynamics, school environment, and economic conditions. This article investigates the position of these psychologists in this field and highlights the importance of their role in crime prevention. The main issue here is how social psychologists can play an effective role in preventing criminal propensity in today's society? Initially, the factors leading to criminal propensity need to be identified, followed by proposing solutions to reduce these factors and deter individuals from engaging in criminal activities. This includes raising awareness of social and psychological issues, strengthening social relationships, providing psychological and social services to at-risk individuals, and reforming social and legal policies. The main objective of this research is to examine and analyze the position of social psychologists in preventing criminal propensity. This article examines the relationship between psychologists and jurists in the field of crime prevention through an analytical-descriptive approach and research methodology through careful study and analysis of scientific articles, books, and relevant studies in this area. The research findings indicate that social psychologists, by providing solutions based on understanding the influential factors in criminal propensity, can play a significant role in preventing this phenomenon.

In the future study of 1414, one of the most used and desirable issues should be the position of artificial intelligence caused by new technologies in criminal justice and its role and place in the better implementation of criminal justice in the countries of Iran and the UAE in order to protect and protect the rights of citizens and He knew the accused. A comparative study of the position of artificial intelligence in the criminal justice of Iran and the United Arab Emirates was conducted using a theoretical method and using library studies and sampling from research sources. Planning and macro policies of progress, the role and place of future research and the prospects and challenges ahead including localization, culturalization, proper exploitation are among the goals of the two countries of Iran and UAE that artificial intelligence can To play the role of influencing the process of criminal proceedings and actions related to the criminal system. Artificial intelligence can be considered as a new, dynamic and forward-looking knowledge and technology that can be used in different stages of proceedings in order to achieve better criminal justice and due to its many advantages such as speed, accurate analysis, and assistance to judges and parties to proceedings. , helping to predict various arrangements, policies and strategies, including the speed and facilitation of criminal proceedings, helping with preliminary investigations, training in the field of familiarity with procedural and citizenship rights, helping to control and prevent the commission of crimes and helping to create and expand Social, urban and environmental security should be used. In fact, artificial intelligence can be considered as a long-term strategy and plan in the two penal systems of Iran and the UAE in order to create a favorable, forward-looking and purposeful mechanism in relation to criminal justice and to create a suitable and forward-looking mechanism in the better implementation of goals. and the policies of the criminal and non-criminal systems of the two countries.

Justice is one of the oldest concepts that mankind has known since the beginning of its civilization and has tried to establish it. Justice has different forms, which can be referred to as social, political, economic, etc. In this, criminal justice is of special importance. Scientists and experts in social sciences have considered several factors effective on criminal justice, among which principles such as the principle of acquittal and the principle of legality of crimes and punishments, as well as the personal nature of criminal responsibility, are important, but criminal responsibility is of particular importance among them. It is necessary to carry out serious scrutiny in this regard and conduct ethical attitudes towards criminal justice, especially collaborative criminal justice, in a scientific manner. Ignoring the areas of moral responsibility in the field of criminal justice violates the right of those referring to the judicial system and causes injustice. Therefore, paying attention to the character and human dignity of people is a necessity of collaborative criminal justice. The present article deals with the ethical attitudes in the field of collaborative criminal justice with a library method and has answered many unknowns in this regard.

This paper touches upon the intertwining of AI technology and criminal justice systems and assesses especially the issue of using AI as an evidence-generating mechanism in criminal trials. The paper revolves, in particular, around three focal points. Firstly, it sets the context for the following analysis and gives a short definition of AI. Secondly, it examines some thorny parameters of the evidentiary proceedings and focuses on the most important AI weaknesses that could jeopardize the smooth incorporation of AI in the criminal justice systems. Thirdly, it presents the ways in which AI could affect basic procedural rights of the defendant and concludes with some safety requirements and suggestions that could facilitate the transition to an AI-criminal-justice-era.

Mass media's representation of crime، deviance، and disorder is one of the constant causes of concern at the community level. Because it causes fear and anxiety in the society. However، this traditional role of the media in representing norm-breaking events can be restored according to some media-oriented theories such as the magic bullet theory and the theory of highlighting and selective writing، and it can play the role of a tool that also has crime prevention training. And also، a control tool on the emotions and inflammations of society after committing a crime. The current research، with an analytical-descriptive method based on library data، tries to achieve this goal، to what extent the media can moderate and control the inflammation and emotionalism caused by committing a crime، and against this role in determining the punishment of the effective offender. be realized the findings of this research show that the media can control the inflammatory atmosphere created in the society with the insinuations they give to the audience in their headlines and texts، and they can control the criminal justice system from a kind of common sense. release a criminal offense. Anyway، this research investigates the different roles of the media in feedback by representing the crime and also reconstructing or depicting the face of the criminal and finally examines this process in determining the punishment.

Witness support in the criminal laws is one of the important issues related to criminal policy. Considering the fact that some crimes are serious and have unfortunate effects on society and individuals, and discovering the truth in order to achieve justice requires the cooperation of people such as witness and informant, and that some crimes have cross-border aspects and in order not to be discovered and convicted, their perpetrators spend huge costs to erase the proofs, so witness and informant are important as one of the proofs of criminal lawsuits, which are sometimes attacked by the perpetrators and the related parties of these cases and it requires the adoption of an appropriate and necessary legislative policy. This research is practical and with the descriptive-analytical method and the tool of library information collection, it has studied the approach of the criminal law of Kuwait and Iran in the protection of the witness. In this article, while examining the dimensions of the Kuwaiti legislator's approach, some criminal laws of Islamic countries were also studied, and we came to the conclusion that the legislative approach of the Kuwaiti and Iranian criminal legislators to the criminal phenomenon of witness intimidation and threat is protection-oriented, and substantive and procedural laws enacted means supporting the witness and his relatives and dependents in all stages of the proceedings, including before, during and after the criminal proceedings, which have been enacted and implemented in the form of substantive and procedural laws and regulations.

The undeniable effect of a fair trial on guaranteeing the defense rights of the accused and the objective realization of the principle of acquittal makes the necessity of predicting the guarantee of execution against the violation of its standards even more obvious. In this research, with a descriptive-analytical method, the comparative typology of this guarantee of executions in the criminal justice system of Iran and France has been addressed by separating the proceedings. The findings of the research show that the violation of legality in connection with the place where the accused is observed and the lack of understanding of his rights at the stage of crime discovery, the violation of the lawfulness of temporary detention and the lack of separation between the prosecuting authority and the investigating authority at the stage of criminal prosecution, are violations of the right of the accused. of the lawyer and his right to remain silent during the preliminary investigation stage and the violation of the public nature of the criminal proceedings, as well as the principle of equality of the parties during the investigation and sentencing stage, is one of the most important manifestations of the violation of fair proceedings. It seems that in French criminal law, the legislator has paid more attention to the diversity and proportionality of sanction for the violation of fair proceedings. In the criminal law of Iran, despite the attention of the Criminal Procedure Law approved in 1392 to the standards and principles of fair proceedings, the necessary support of the said principles and standards has not been implemented through the provision of the guarantee of proportionate and deterrent legal sanction.

In the institution of criminal justice, the focus is on the offense and the offender and the main victim is the government in charge of the investigation process and directs it to his advantage; Here the victim is marginalized. Economic costs, increasing the criminal population, especially the prison population, increasing the crime rate, are among the many problems that have plagued the criminal justice system. Turning to the institution of restorative justice, which believes in achieving reconciliation and the administration of justice through the privatization of the judicial process, can be a solution, here the victim is brought to the fore. During its legislative history, the legislature has shown its tendency towards this transition and the “Law on the Reduction of Imprisonment, approved in 2013” has been approved in order to eliminate the problems and difficulties arising from the criminal justice system. This article is in order to evaluate the measures provided for the parties to the crime in this law. Using a descriptive-analytical method, this study, examines the case law and ponders on the position of the victim and the offender, then tries to compliance with human rights standards and its impact on the legal security of citizens. This article concludes that although, apparently, the enacted law has taken positive steps to protect the rights of the victim and the offender, this has not been the case in secret and another goal has been considered, the result of which is to jeopardize their legal and judicial security.

A again look at the history of international criminal law (East Timor court in the Domingos Mendonca case)AbstractFrom 1975 to 2002, Indonesia illegally occupied East Timor. The occupation was characterized by violence against the civilian population of East Timor, especially against those who were or were known to be pro-independence. In this process and after that, faced crimes such as genocide, rape, torture and forced transfer of people with the aim of preventing independence. The defendant, Domingos Mendonca, was the most important member of a militia group known as (Sasurat Ablaei Team), which the author in this study is one of the most important convicts of the East Timor court with the aim of informing legal scholars about the path of criminal justice. International, examine the case in detail from the time of the arrest of the accused to the issuance of the court verdict.

Since the protection of the plaintiff and the victim is the protection of public order and the creation of security for all members of a society, it can be seen that the lack of proper implementation of criminal law by the judiciary, and other enforcers of these laws, sometimes the plaintiff to file a lawsuit. Has renounced himself or has personally taken revenge, in which the plaintiff himself is also guilty and accused, by studying the criminal law while observing the principle of equality of arms. ”The criminal legislator pays attention to the plaintiff and the victim of the crime. Put your agenda. However, due to many problems of executive and legislative institutions such as legal and irresponsible dismissals, lack of time, executive facilities, study and training opportunities, as well as the large number of work and lack of judicial and administrative staff have not been able to implement it properly and adequately. This discouragement of the plaintiff in pursuing his rights has not only led to pessimism in the judiciary, but also to the perpetrators and insecurity. The majority of plaintiffs' supporters believe that the criminal victim should be supported and assisted by the government and civil society. Provide assistance and services to him to do their best so that the victim in the pre-criminal and post-criminal situation can benefit from this support.

It is not always the case that in the process of transitioning from thought to criminal action, a person has free will, but sometimes the culture of the society and the way of dealing with the governing institutions assume the criminality of individuals, and by treating them as criminals and labeling them criminals, People with a special physical and mental state suggests that their physical and mental states are compatible with criminality and deserve legal treatment. In this way, the society assigns him/her a criminal character and considers his /her inherent characteristics to be the natural traits of a criminal. The current research was written based on the descriptive-analytical method and on the basis of documents and library resources, and in this regard, by studying international documents and foreign laws, the collected information was analyzed qualitatively with the purpose of application. is placed In this research, the authors intend to explain the criminalization of transgender phenomenon and similar situations by gathering information from the people who were selected as the target community and in the end, reach the conclusion that the culture that governs the criminal justice system is the basis of crime. It is a phenomenon. Based on this, our argument is that criminologists and criminal law experts should revise and reform the criminal justice system in dealing with gender diversity.

Stock market crimes have common characteristics with economic crimes, and on the other hand, the reasons for committing them and the motives that lead to the occurrence of these crimes are subject to the system of economic crimes, on the one hand, and crimes specific to trade and business in The stock market, on the other hand, becomes In order to prevent the commission of stock market crimes, such as trades based on secret information, manipulation of prices and other related crimes, it is necessary for the stock exchange organization to take the tools and facilities for committing these crimes from potential criminals (measures of empowerment). On the other hand, increase the costs of committing stock market crimes in such a way that according to the cost-benefit theory, committing a crime seems costly for any accounting crime. Educating the victims and strengthening the purpose of the crime (enhancing measures) are other measures in this field. Statutory or non-criminal prevention in the form of drafting regulations and establishing preventive institutions is one of the most important tasks of the stock exchange organization in preventing stock market crimes. Criminal prevention is carried out in the form of criminal justice response to crime, to create a sense of deterrence in the perpetrators of the duties of the stock exchange organization, which is done in the form of reporting, complaining and announcing the crime and proceeding with the proceedings. In this article, an attempt has been made to address the most important tasks

In criminal justice, the focus is on the offense and the offender and the main victim is the government. It is in charge of the investigation process and directs it to its advantage; Here the victim is marginalized. Economic costs increasing the criminal population, especially the prisoners population, raising the crime rate, especially recidivism, among many problems that have plagued the criminal justice system. Turning to restorative justice, which is believed to achieve peace and reconciliation and the administration of justice through the privatization of the judicial process, can be a solution. Here, the victim is brought to the fore. During its legislative history, the legislature has shown its tendency towards this transition, and the "Law on the Reduction of Imprisonment, approved in 2013" has been approved in order to eliminate the problems and difficulties arising from the criminal justice system. This article is in order to evaluate the measures provided for the parties to the crime in this law. Using a descriptive-analytical method, it examines the case law and ponders on the position of the victim and the offender, then tries to compare and measure compliance with human rights standards and its impact on the legal security of citizens. This article concludes that although, apparently, the enacted law has taken positive steps to protect the rights of the victim and the offender, this has not been the case in secret and another goal has been considered, the result of which is to jeopardize their legal and judicial security.

This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights.

It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws

Legislation based on Imami jurisprudence has led to the richness and independence of our rights in decades of legislation. There has always been a debate about what criteria should be used to legislate according to jurisprudence And typically the focus has been on who or what is being followed And it is enough to provide general criteria and in practice there is no decisive criterion for this issue. This article discusses only the criminal law and the specific conditions and requirements of the law in this regard Because it is not possible to provide a standard for legislation on all laws with specific conditions and characteristics of each of them Because the law in each case can be very different from the law in other area And you have to think about each case according to its specific requirements And refrained from generalizations and providing a standard for all cases. This article seeks to provide an appropriate solution in the field of criminal law And prevented the entry of personal opinions and ideas into the field of legislation And as far as possible our criminal law Closer to the world criminal law without distancing itself from its originality.