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

The problem of crime and its examples is one of the important social phenomena that has cast a shadow in all the crises in the world today. In today's world, when it comes to prevention (any field), the first thing that comes to mind is the media. Media are the main sources of creation and dynamism of culture. The power and strength of these intellectual tools have such high foundations that without its presence, access to a society with a dynamic culture is unattainable and impossible. The media are considered the information center of every society and have different functions, both overt and hidden, in the fields of education, information and awareness, entertainment and entertainment. In addition to the mentioned cases, the media plays a role in the production of crime and the atmosphere emanating from it, as well as in the prevention of crime in such a way that its role and function have been noticed by everyone, because the public knowledge of crime and justice A large amount of media is obtained by spreading the view of media tyranny, which uses the high power of the media in inducing and influencing the audience, and for the audience, they are passive and influential towards the messages of the public media. Therefore, the goal of prevention may be to reduce crime or limit it or prevent its growth. The purpose of this research is to investigate the role of media in crime prevention with descriptive-analytical method.

The economics of crime is one of the interdisciplinary topics that entered economics after the 1970s with the efforts of Gray-Becker, and this science is trying to analyze the economic aspects of crime. The occurrence of crime as an undesirable social phenomenon has several economic and social causes, and due to the importance of the issue of crime, in different countries, in recent years, extensive studies have been conducted to identify and explain the causes of its occurrence. Identifying and explaining the causes of crime makes we reach the goal of prevention; because the costs of crime, especially the costs of punishment, including imprisonment, impose a heavy burden on the executive body. By identifying and preventing these factors, these costs can be reduced and spent on other priorities. In this article, the dimensions of the economy of crime in the analysis of the pluralism of punishment and its individualization have been investigated with a descriptive and analytical method.

Community-oriented punishments are a new generation of punishments that have emerged in the history of human civilization. If in traditional and modern punishments, the emphasis is on exclusion and removal of the criminal from the society or his separation and isolation from the society, in the discourse of "community-oriented criminal justice", there is no talk of exclusion, exclusion and isolation, but of absorption and integration. It is the connection, restoration and participation of the criminal in the society and immediate and quick conformity with the society. The present study was conducted with the aim of investigating the effects, challenges and consequences of community-oriented punishments in Iran's penal system, and it is a descriptive-analytical research with documentary and library methods. According to the research method, the sources used in the research, including books, articles, and internet resources, were first collected, and after analyzing the contents, they were extracted and finally reflected in the text of the research, and finally it can be said: Social punishments are a suitable educational method to strengthen the will of criminals and accustom them to discipline, obeying laws and regulations, peaceful coexistence, playing a social role and especially understanding social responsibilities, preventing the losses of being kept in a closed and important environment. Above all, their rehabilitation and prevention of falling back into the abyss of delinquency is implemented.

In the process of UN peacekeeping operations and in the process of conducting peacekeeping missions in war and occupied territories; Crimes may be committed against women that require prosecution. On the other hand, it should be noted that women and children are exposed to victims, including sexual victims, due to their poor physical condition. According to numerous reports to the United Nations through female victims and sex victims, UN peacekeeping forces appear to be a new and serious threat to women and even to war. Children in areas of the host State are considered. Therefore, in this article and through the descriptive-analytical method, we seek to answer this key question: What challenges and obstacles does the prosecution and punishment of UN peacekeepers for committing crimes of sexual violence against women during peacekeeping operations face? The findings of this article show that according to Article 7 of the Rome Statute, the possibility of applying the jurisdiction of the International Criminal Court to the crime of sexual violence against women by UN peacekeepers faces major challenges and obstacles. In fact, the distinction of the present research compared to other related researches is the exploration, finding and detailed analysis of the current capacities of the international legal system for the prosecution and trial of the mentioned criminals.

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.

The purpose of the current research, which was carried out with a descriptive-analytical method, is the pathology of preliminary research based on the principle of certainty and finality of punishment. The principle of certainty and certainty of punishment is one of Caesar Bekaria's ideas in the book Treatise on Crimes and Punishments. The principle of certainty and certainty of punishment means that people, especially criminals, have a definite belief that anyone who commits a crime will be punished without hesitation and with certainty through a definite and inviolable sentence. The certainty of punishment, even moderate, always has a stronger effect than It leaves the fear of a terrible punishment in which there is hope of liberation; Because when it is impossible to escape from punishment, the mildest sufferings make the human soul wild, the milder the punishments, the less the need for mercy and forgiveness is felt. However, in Iran's criminal justice system, the legislator has somehow questioned these principles by providing various institutions in the trial stages, especially in the preliminary investigation stage. Among the institutions that violated the principle of certainty and certainty of punishment in the preliminary investigation stage, we can mention the institution of suspension of prosecution, filing of case and mediation.

Punishment as a social reaction is accompanied by the deliberate imposition of suffering, destruction or loss of dignity and deprivation of the rights of individuals. For this reason, the application of such a reaction requires a proper explanation and justification. Among them, the theory of punishment of moral baroque behavior has been considered as one of the oldest claimants of justification of punishment. But in a significant part of the twentieth century, this idea was considered a retrograde and abandoned idea by criminologists, criminologists and philosophers of criminal law. But the last decades of the twentieth century are the time of the resurrection of the punitive paradigm, so that many critics of this thought became serious supporters of it. This article seeks to explore the reasons for its pros and cons while exploring the reasons for the enthusiastic acceptance of experts in the field of criminal justice. It should be said that criminal law is based on principles and mechanisms that are based on the principles and components of policy. Criminal is the legal, economic and political foundations, each of which can play an important role in the legislative process and Godard and ultimately achieve the goal of the criminal justice system is the establishment of justice.

It is our right to keep various aspects of life hidden from others, and both the Shari'a and the law forbid spying on the work of others; But sometimes secrecy is not only not protected, but it is also a crime and punishable. Secrecy is not a crime in itself, but sometimes because we secretly endanger public order and security, the legislature has criminalized some forms of secrecy. The purpose of this study is to investigate Iran's criminal policy towards crimes based on secrecy with emphasis on the elimination or concealment of evidence and evidence of a crime. The method of compiling this research is descriptive-analytical. Findings indicate that the current and conventional criminal approach, given the growth and development of technology and the possibility of using it to conceal these crimes, is not comprehensive and sufficient and the criminal justice system in the process of detecting, prosecuting, and punishing perpetrators Crimes born of secrecy face hardship; Therefore, careful identification and investigation of such crimes is necessary due to the multiplicity of crimes and the difficulty of discovering, investigating and evaluating the evidence. Therefore, in the absence of such a policy, the legislature does not react to these major crimes, and the law needs to be amended in this regard, which can only be discovered and investigated through scrutiny and transparency in the constituent elements. It will be possible to punish these crimes.

The main purpose of establishing legal mitigation of punishment from the beginning until now is in line with the principle of individualizing punishments and correcting and rehabilitating offenders and preparing them to enter society and prevent recurrence of crime and keep non-professional offenders away from professional offenders in prison. It also reduces the burden on prisons and avoids miscellaneous costs without social benefits. Achieving this goal will not be achieved except with the approval of appropriate laws and the accurate and correct implementation of the mentioned laws by the judges of the courts of first instance, appellate courts and execution judges. In the meantime, the method used by judges in applying mitigation rules and commutation of punishments in various cases has been discussed in such a way that in many courts in Iran, various procedures are applied in this regard, which causes public concern. And it has confused the people and the jurists. Therefore, by examining the obstacles and problems in the implementation of the legal establishment of mitigation of punishment, one of the important issues that can be effective in reducing the recurrence of crime and also reducing the criminal population is mitigation of punishment. The main question posed in this article is how to reduce the standard and appropriate conditions for correction and rehabilitation of criminals and increase their skills to return to society on the one hand, and reduce the financial and psychological costs of imprisonment by establishing a legal punishment. On the other hand?

With the enactment of the Law on Respect for Legitimate Freedoms and the Protection of Citizenship in 2004, the legislature paid special attention to the protection of citizens' rights in the criminal proceedings, and with the enactment of the Code of Criminal Procedure in 2013, this attention increased. In Article 7 of the recent law, the legislator, by establishing the "principle of observance of citizenship rights" while emphasizing the implementation of the above-mentioned law, developed both those covered by the law and providing special enforcement guarantees for non-observance of citizenship rights (which are neglected in the special law Had taken). It affected the guarantee of criminal executions in the existing criminal law, so that it eliminated the punishments in the relevant laws and considered only the punishment provided in Article 570 of the Islamic Penal Code (ta'zir) applicable in cases of violation of the citizenship rights of individuals, except That the relevant legal punishment is more severe than the punishment provided in Article 570.Penal Code (ta'zir) applicable in cases of violation of the citizenship rights of individuals, except That the relevant legal punishment is more severe than the punishment provided in Article 570.

A welfare state is a government in which the provision and improvement of public welfare is the legal duty of the institutions of power. But this goal does not constitute an extra-legal act, or in other words, an act against the law by executors or citizens. Such a government will help all those who, for whatever reason, cannot afford it. This is done through the payment of a pension (minimum income) or other cash assistance. A welfare state means having prudent and intelligent policies to ensure at least a minimum standard of living for all and to promote equality in life opportunities, in which there is no doubt that all formal institutions need to focus on the provision of public services; Social security is a universal system of compulsory insurance. Social insurance consists of pension insurance, government health insurance, unemployment insurance and accident insurance; Governments provide social security because markets have failed to insure many of the important risks to individuals. On the other hand, the welfare state is a completely law-abiding government because the provision of free services always makes the profiteers think of abusing the predefined welfare benefits, which must be prevented and the violators punished. We will pay the duties of the Social Security Organization in order to provide services and fully comply with the laws

The most important tool for explaining criminal legislation is the definition of crime and punishment. A crime is the actual act or omission for which a punishment has been determined according to the Islamic Penal Code, and according to criminal philosophers, "taking a distance and moving away from the normality and defect of what should be" and criminalization is a process that considers new behaviors as crimes. With the assumption that the governments take their legislative policy based on their approach to how to deal with crimes, in this article, relying on the descriptive-analytical method, we decided to review some of the resolutions of the Islamic Republic of Iran, while briefly explaining the basics of criminalization and penalization, may we improve the legal and judicial situation of the country by improving the legislative situation and the performance of social monitoring institutions and optimal decriminalization, while preventing the issue of criminal inflation.

Zero tolerance is a strategy by which criminal policymakers develop and implement strict approaches to ensure security and fight crime. Develop strict criminal laws with guarantees of heavy execution, lack of judicial negligence, severe and repressive police crackdown, focus on punishment and marginalization of other aspects of criminal policy against crime and delinquency and reliance on public expectations and demands (populism) Zero tolerance is a prominent feature. The main consequences of zero tolerance can be seen in increasing the criminal population and more people entering the cycle of criminal justice, violation of the rights and freedoms of individuals, reducing police acceptance and increasing tensions between citizens' interaction and participation in anti-crime projects. Based on the findings of the research policy, zero tolerance is observed in sexual and immoral crimes, crimes related to the audio-visual field, drug crimes, mandatory temporary detention, and police and beating plans. Accordingly, paying attention to criminological research, preventive and social aspects of criminal policy, decriminalization and reduction of unnecessary criminalizations, monitoring and holding accountable those responsible for raids and police plans can move the policy of zero tolerance towards balance. The method of the present study is applied in terms of objectives and in terms of the nature of descriptive-analytical study using library and documentary methods.

The purpose of this study was to investigate the formal and informal costs of crime by employing a descriptive survey method. The statistical population of this study consists of those convicted of robbery, fraud and intentional assault and released from prison in 1989. Using the available sampling method, 150 individuals were selected as the final sample size. The data-gathering tool used was a researcher-made questionnaire, which was validated by the opinions of three experts. In addition, its reliability was calculated using the Cronbach’s alpha coefficient of 0.81. After explaining the demographic data and distributing the frequency and percentage of questions answered, multivariate analysis of variance and t-test were used for data analysis and the Tukey test was used to determine the differences between groups. According to the findings of this study, investigation of official and informal crime costs of fraud is greater in thieves and in thieves is greater than in the perpetrators of deliberate assault. Also, when assessing formal and informal costs, in general, fraudsters pay close attention to both types of costs, thieves focus on informal costs more than formal costs and perpetrators of deliberate assault and crime pay little attention to official and social costs. The reason for the discrepancy in the assessment of crime costs is due to the forensic nature of the crime, simply put, the fraudsters regarded as white collar criminals knowingly commit the crime, whereas the perpetrators of deliberate assault and intentional assault are regarded as blue collar criminals as they commit spontaneous crimes.

The principle of discipline or punishment as the last method of education for the development and excellence of individuals is accepted and has legitimacy in Islamic jurisprudence and law, and its necessity is also mentioned in the Qur'an. It is permissible to correct their behavior and their difference is only in the quantity and quality of punishment. According to Article 1179 of the Civil Code and Article 95 of the Islamic Penal Code, in addition to parents, legal guardians and guardians have jurisdiction over minors and detainees. In general, comparing the views of the jurists with the fundamental rights, it can be concluded that the issue of guardianship is based on the verses of the Holy Quran and the narrations of the Imams and are not very different from each other. Also, according to Article 59 of the Islamic Penal Code, parents and persons in charge of minors and detainees have the right to discipline and corporal punishment of those under their care, so that light and insignificant violence is not legally considered a crime. This is because according to paragraph 1 of Article 59 of the Islamic Penal Code, the actions of parents and legal guardians and guardians of minors and homeless people that are done to discipline or protect them, if they are disciplined and protected as normal. With the aim of investigating punishment and its consequences in the law of Islamic religions and Iranian law, it has been done in a descriptive-analytical method.

The child is in the developmental stage. During this period, his main character was formed and in the meantime, the environment around him, including his peers, school and family, is very basic and important. During adolescence, the formed personality is consolidated and his socialization is realized. At this age, norms, values, thought patterns, etc. are formed, which if this process is not done properly, will lead to his mutual reaction at the community level and lead him to crime. The question is what sociological effects of juvenile delinquency can have on punishment in Iran? Therefore, with analytical-descriptive method and in the form of a library with the aim of investigating the sociological effects of juvenile delinquency and their punishment in the Iranian penal system, we will conduct research in this field. Research shows that educational and psychological harm in childhood and adolescence can lead to reactions at the community level, and this issue has attracted the attention of the legislature in the Islamic Penal Code adopted in 1392, and almost except for executions between the ages of 15 and 18. Age (which the legislator's interpretation based on Islamic law and considering this age group as adulthood) in the case of punishments and other complementary punishments has a relative understanding of the sociological and criminological issues of children and adolescents and according to it to determine the punishment Has done.

One of the factors for exemption from the punishment of theft is the abduction of the abbot. The manner and motive of the theft have no effect on this sentence. Of course, this ruling is disputed among general jurists. The reason for not punishing the father from the point of view of the jurists of the sects is narrations, consensus and fame.Regarding the inclusion of the mother, the general jurists, since they consider birth as the criterion of the ruling, according to the meaning of the parent, have also considered the mother as subject to the ruling. But Imami jurists are content with the text. However, due to the strength of the arguments of the opponents of enforcing the hadd on the mother, a re-reading of the jurisprudential principles of the mother's ruling is felt. This research has been done by descriptive-analytical method and based on library sources. In this issue, while explaining the reasons for and against the implementation of the hadd on the mother, the possibilities raised in the criterion of the father's exemption from the hadd of theft should be examined to clarify the possibility of attaching the mother's sentence to the father

Wherever a society is formed, there are also rights, and where governments consider the establishment of regulations useful for the flow of order and harmony in social life, it is necessary that these regulations be implemented on time against those who violate them. should be placed and the guarantee of the predicted executions should also be applied against them; The most severe of these executions are of a criminal type, and imprisonment is one of the accepted methods of preventing crimes and mistakes or their repetition and punishing criminals, especially those who commit theft. This punishment is the legislative history of Iran's penal law, explaining the thoughts of supporters and opponents to evaluate the weaknesses and strengths of this punishment.
The question that arises in this article is, what is the opinion of the Iranian legislator regarding imprisonment? Unfortunately, the existence of many criminal titles with the punishment of imprisonment indicates that imprisonment and sending to prison has been considered as the most accessible tool for punishment and punishment, without taking into account the purpose of the punishments. Imprisonment should be fundamentally revised in the amount and number of criminal titles leading to imprisonment, and the judges handling the cases should be encouraged to use alternative punishments.

The Armed Forces Crime Law, as a special law, due to the sensitivity of military jobs and the high costs of committing crimes in military jobs, has adopted a penal policy based on repression. Experiences gained from the trial of the armed forces during the eight years of the Holy Defense explained the punishments of the Armed Forces Crimes Law according to the adopted criminal policy in such a way that the main focus of the law is the punishment of armed forces offenders. This issue has been brought to the attention of the legislator to such an extent that even some actions and behaviors that are not related to the punishments common in the law of the armed forces were criminalized in the law in question, including evasion of service of specialists and Scholarship recipients in various fields in the Armed Forces. In the differential criminal policy of the Armed Forces of the Islamic Republic of Iran, the legislator's view of the crimes of the Armed Forces is in fact very similar to the Islamic Penal Code, so that if some specialized words and terms are removed from the law, the Islamic Penal Code We will face. The Law on the Basis for the Analysis of US Criminal Policy on Armed Forces Crimes are the two general laws of exemplary criminal law and the special law on the crimes of the armed forces. The present research has been done by descriptive-analytical method and using library and documentary sources.

Retribution is one of the punishments in Islamic criminal law, where the perpetrator is sentenced for committing a deliberate crime against the soul, limb or benefit. One of the organs that may be subjected to intentional crime is the tooth. According to the rule, if a deliberate crime is inflicted on a member, the first sentence is retribution. In Islamic criminal law, based on verse 45 of Surah Ma'ida and the Islamic Penal Code, qisas dandan has been accepted and approved.On the other hand, according to jurisprudence and according to Article 401 of the Islamic Penal Code, in the case of a broken bone, retribution is void, and since the tooth is of the same species as the bone, naturally it should not be subject to the ruling on the permissibility of retribution, while the legislator in Article 412 considers Revenge has become broken teeth. The current research aims to give an answer to this contradiction by delving into jurisprudence and legal texts in an analytical-descriptive manner.