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

Children and teenagers are considered victims of sexual crimes in the legal systems of the world and have been assaulted and victimized. The reason why criminals choose this category is their vulnerability and inability to defend themselves. It is obvious that criminal justice and punishment alone have not paid special attention to factors such as the background of such crimes, the characteristics of the victim and the criminal, the methods of rehabilitation of the perpetrator and the methods of informing the victim, so it cannot help to reduce these types of crimes and prevent -ing this innocent group from being victimized .Therefore, the present research examines the situation of the victim and the perpetrator of sexual crimes against children in the context of doctrines such as restorative justice and criminal policy and aims to examine the existing solutions to reduce the statistics of such crimes by applying it to the existing laws.

The necessity of executing punishment in order to preserve the existence and life of society is inviolable, but we should not forget that punishment is applied to humans. Those involved in criminal justice are able, by comprehensively evaluating the offender, the character of the parties and the interests of the society, regarding the appropriateness or non-appropriateness of criminal prosecution measures and even in the case of prosecution, by suspending the execution of the punishment, or postponing the issuance of a verdict, to To make a decision in order to rehabilitate the character of the criminal. In this way, the type of decision taken by the criminal justice enforcers will have a significant impact on rehabilitation. Therefore, the main question is that there is a proportionality between the character of people and the usual criminal actions against them? which will answer with a descriptive method that if the guarantee of criminal executions is determined without considering the personality of the people, it can leave countless negative effects in the correction process. For this purpose, all criminal measures should be implemented in all stages of the proceedings according to the personality of the people. The goals of the present research are to explain the position of the case of the offenders' personality in view of the acceptance of the principle of individualization of punishments in Iran's criminal law and the attention of the Islamic Penal Code to the personality of criminals, especially regarding punitive and deterrent punishments. The findings show that the rehabilitation of criminals is one of the most important goals of criminal justice systems, which can be realized in a better way in the light of this new development. Because, due to the flexibility of this strategy, the practitioners of criminal justice find the possibility of bypassing the traditional methods of answering, and as a result, they use other capacities to use more appropriate answers.

Iran's legislator has long since accepted the judicial establishment of parole and has taken effective steps in the implementation of the policy of decriminalization and in particular removing of imprisonment, which can help the convict and society to reform and educate him/her and encourage her/him to definitely return to her/him family and community. Of course, this action requires the reform and creation of infrastructures in the judicial system and the organization of prisons. In French criminal law, the institution of parole is one of the most important aspects of the criminal justice system, which focuses on the resocialization of the convict. Although the prison sentence, in addition to general deterrence, provides social defense, especially in serious crimes, but with the passage of time, society gets used to the severity and violence of those punishments, and when the society is no longer deterred by those punishments as expected by the legislator, it It's time that the personal and social disadvantages of prison make the society suffer from the inflation of the criminal population and increasing decriminalization. Paying attention to the parole system as one of the first generation measures of alternatives to imprisonment and an important issue in the direction of reform and rehabilitation, considering its wide effectiveness, is still involved in some differences of interpretations in terms of substantive and formal provisions which is the correct way of granting It has sometimes faced ambiguities.

Deprivation of liberty of children and adolescents are manifested in the form of keeping them in correctional centers. As the title suggests, juveniles in conflict with the law are kept with the aim of reforming and treating them Therefore, it is completely in line with the primary and main goals of the criminal justice system for children and adolescents. The main purpose of enforcing enforcement and punishment in dealing with juvenile delinquency is to correct, educate and rehabilitate them, and above all, to try criminal justice measures to rehabilitate and prepare the individual to return to society. Rehabilitation of children and adolescents in conflict with the law is one of the most important issues in the criminal policy of a legal system. It should be considered through extra-legislative, legislative and sub-legislative regulations, according to future-oriented, reformist and education-oriented approaches, its decriminalization, in such a way that, on the one hand, the children and adolescents will be able to return to the family and community environment, and on the other hand, it will prevent them and the community from various harms caused by committing crimes. In this article, by using the library-document method and descriptive analysis, an attempt was made to investigate the effects of the rehabilitation system's approach with the aim of supporting children and adolescents in Iran's legal system, with emphasis on international documents.

The unlimited powers of judges in determining punishment and the inhuman nature of some punishments were a prominent feature of French criminal law before the 1789 revolution. After the revolution in 1791, the French legislature enacted a statutory sentence based on the pattern of punishment, limiting the powers of judges and distancing them from some of the inhumane punishments that pre-revolutionary. The French legislature enacted the new Penal Code in 1810, and continued to pursue the element of punishment in the form of minimum and maximum punishments. Following the publication of the book The Delinquent Man by Lamborghini in 1876 and the emergence of the French Legislative Theological School, he also tended to use the model of correction and rehabilitation. Over time, the French legislature moved away from the component of punitiveism and tended to dominate the component of correction and rehabilitation. It tends and in the Islamic Penal Code of 1392 and the Law on the Reduction of Punishment of Imprisonment, it clearly shows its desire to excel the correction and rehabilitation over the component of punishment in the realm of some crimes.

Today, criminal policy making in the field of juvenile delinquency has been influenced by the findings of criminology, trying to explain differential approaches and responses. Differentiating policies, which include from the beginning of the criminalization process to the procedure and sentencing system, try to adapt the responses of the society according to the personality of the teenagers and the possibility of facilitating the process of returning the delinquent teenagers to the society. Therefore, and influenced by the approaches of discriminatory and tolerant criminal policy, in the penal system and in the phase of determining the punishment, a guarantee of special executions has been provided for delinquent children and teenagers.These measures, which seek to reform and rehabilitate juvenile delinquents, on the one hand, adopt a tolerance-based approach towards them on the occasion of reduced responsibility, and on the other hand, seek to control the crime rate in this relatively risky area. This article tries to analyze and evaluate the mechanisms of the punishment system for the crimes of children and adolescents in the light of the rehabilitation criminal policy.

Although the efforts of Western philosophers and jurists during the seventeenth and eighteenth centuries in the prevention of violent and severe punishments led to the adoption of prison punishment as the original penalty in the early nineteenth century, but soon the indiscriminate use of prison punishment led to sharp criticism to this penalty that its proponents have doubts it and, finally, they were forced to react. One of the most important reactions to this objections was the suggestion of the use of "substitutes to prison punishment " and “avoidance of imprisonment” unless as the "last resort". This paper is an attempt to explain the position of "substitutes to imprisonment with an individuality approach of this punishment in the criminal justice system. In this paper it is proved that alternative punishment to imprisonment in fact is a means to use measures that can accelerate the process of reforming guilties and finally, we conclude that the successful implementation of these measures requires proper culture-building in society.