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

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

 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

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.

Political crime is one of the issues that has been given special attention in the constitution of the Islamic Republic of Iran. Deciding on a method of leniency or otherwise in the case of political offenders has been a rigorous test for governments in formulating the substantive and formal provisions of criminal law. Due to their special nature, political crimes are mainly related to sovereignty, government and public freedoms, and for this reason and its high sensitivity, the legislator has decided to separate these crimes from other ordinary crimes and then determine the same path. To deal with them, consider the privileges for the perpetrators of these crimes. Such an issue requires that the instances and nature of these crimes be clearly identified so that they can be easily distinguished from other crimes. In this research, which has been collected by analytical-descriptive method and library tools, the aim is to study the laws of our country in the field of political crimes and be able to analyze these crimes and show a corner of the relevant problems and shortcomings so that we can Let's take positive steps to correct possible problems and the process of amending laws.