جستجوی مقالات مرتبط با کلیدواژه « اسناد بین المللی » در نشریات گروه « علوم اجتماعی »

Drug trafficking is a global illegal business that includes the cultivation, manufacture, distribution and sale of substances that are subject to drug prohibition laws. Drug trafficking as one of the criminal and illegal activities is carried out by organized criminal groups and causes abnormalities in behavioral, social, political, economic and even family fields. But what makes this deadly phenomenon as a global challenge, threatening national security and It has become an international and influencing factor on the mental, physical and moral health of people, the spread of smuggling and its trade at the domestic and international level.

The current research is applied in terms of purpose; And in terms of descriptive-analytical method.

Iran's legislative policy towards drug trafficking has always been based on criminal and repressive prevention, in such a way that in determining the punishments, the amount of social ugliness of the act, the character of the perpetrator, human dignity, the type of crime and human rights standards, which are the criteria for proportionality of punishment is not noticed; This is despite the fact that Iran's legislature, by accepting some international documents to create the capacity of the criminal law realm, has not adopted a single criminal policy against drug trafficking from the very beginning. Some times, he has even tried to decriminalize some former crimes.

While adopting reactive policies against drug trafficking at the local, national and international levels by using diplomatic, military, intelligence and law enforcement capacity to prevent drug trafficking, identify criminal networks and prosecute traffickers, alternative development programs such as The product is made for the illegal cultivation of herbal medicines.

The huge proceeds from drug crimes have led to the continued activity of the drug mafia worldwide. Some international conventions provide methods for its discovery, proof and attribution. The Iranian government has also enacted regulations to establish legal structures and grant the necessary powers to these institutions. The aim of this study was to compare the practices presented in international documents and domestic laws and regulations.

This research is of applied type which has been done by descriptive-analytical method. Its data were collected in the form of documents and libraries using filing tools and after analytical description of the data obtained from the content of the documents, a logical answer was given to the research question. In the end, conclusions and suggestions are presented in accordance with the research findings.

Findings;

 Some methods of money laundering Criminalistics recommended by international documents such as educational and technical cooperation in criminalization, private sector participation, community participation, joint investigations between countries, joint operations, referral of criminal proceedings to other countries, infiltration and covert operations, It has been neglected in domestic laws.

Conclusions;

Ensuring the success of law enforcement officers in Criminalistics of drug money laundering requires the use of all methods of Criminalistics , so according to the legal gaps, it is suggested that the required laws be approved and the required agreements be concluded.

With the expansion of cyberspace, the prevention of 10-1 violations has always been the focus of police and judicial officers in law enforcement and intelligence missions and members of the criminal justice system; Accordingly, identifying and explaining preventive protection measures to ensure privacy in Iran's criminal justice system and international instruments is undeniable.

The inviolability of the dimensions and security of privacy in cyberspace has been emphasized by users and the police in police missions and preliminary investigations, and the necessary criminal measures have been taken to criminalize cyberspace and appropriate criminal liability for violators of privacy have been charged and it is necessary to adopt preventive approaches and measures to ensure the security of privacy. The basic approach is based on protecting the security of correspondence, correspondence, data and private information of users and activists in cyberspace and in general The international consensus on the protection and security of all aspects of privacy is emphasized in international instruments.

In addition to legislative and criminal actions for violating privacy in cyberspace by the custodians of the criminal justice system, police and judicial officers actions and disciplinary measures to achieve security and privacy in the implementation of organizational missions in this space It is necessary and plays an effective role in identifying and dealing with instances of privacy breaches in intelligence and law enforcement missions, and international instruments have also given serious consideration to the prohibition of privacy breaches. Therefore, it is necessary for judicial officers and public security police and FATA police to play an effective role in protecting privacy in intelligence and preliminary investigation missions by taking preventive measures in parallel with legislative measures.

Undoubtedly, the globalization of crime, its technicality and the complexity of committing it on an international scale, will have its requirements in the field of broad and timely response and in the transnational field. The police, as the most important executive actor in this field, should transform in accordance with the changes that have occurred and organize their policies beyond the domestic jurisdiction and within the transnational and international boundaries. In this regard, the promotion of police and legal cooperation and assistance is inevitable, and the development of regional and international police organizations is also necessary to effectively fight and prevent transnational and international crimes.

The current research is applied in terms of type and purpose, and descriptive in terms of nature and method, and data collection has been done through document review and scanning of domestic sources and international documents.

Interpol's role in providing legal and police assistance and in facilitating and speeding up international interactions in criminal and police aspects is very important and influential. This role is in the use of the technical and specialized capacities of this institution, such as the intelligent crime analysis unit, criminal record information database, identity recognition systems, identification and information exchange of criminals, etc. with domestic police organizations and international organizations with Observance of the principle of respect for the sovereignty of countries and international conventions in order to promote legal and police assistance has been embodied and emphasized in regional and international documents by the United Nations and regional organizations.

The consumer and the supplier as the parties of a transaction have rights and rights that due to the general consumption of some goods/services in the country, consumer rights are part of the recognized citizen rights that governments are required to protect. This research has been done by analytical-descriptive method. The research question is what are the strengths and weaknesses of the current practice of protecting consumer rights in the country and what are the ways to improve it? Not much time has passed since the approval of the Consumer Rights Protection Law and many examples of consumer rights have not been mentioned in it. The executive documents of this law are not very clear about the responsibilities. Civil and criminal responsibilities are not clearly specified in the law, and in the implementation section, the responsibilities of different institutions are either not determined correctly or conflict with each other. On the other hand, the economic capacity of our country is such that the position of supporting domestic production should also be prominent in the mentioned model, which is sometimes in conflict with consumer rights. The result of the discussion is that for the proper protection of consumer rights, the first step of economic growth is needed, and accordingly, the increase in the quality of products can be justified. Finally, by amending the law approved in 2009 and its executive regulations, the responsibility of various institutions, including the Ministry of Justice, the National Standards Organization, the Ministry of Privacy and

 Piracy is one of the crimes with a history in the field of the seas, which has affected maritime trade for many years, and today, with the expansion of communication between communities and the increase in the level of interaction in meeting needs through the exchange of manufactured products through the sea. It has become more important to the extent that the occurrence of maritime insecurity in various forms, especially piracy, can face the world community with a serious challenge to peace and security. In this research, the researcher tries to examine the effects of piracy on world security and peace with emphasis on international documents and evaluate the trends and approaches related to this phenomenon.

 In this research, the researcher tries to analyze the crime of piracy by using the written sources of the library and articles written by researchers and international organizations, as well as examining the international documents related to the subject, while analyzing the crime of piracy. to evaluate the resulting effects on global peace and security from the perspective of international documents.

 Research findings indicate that the phenomenon of piracy based on criminology is inevitable and occurs under the influence of various causes in various conditions and is affected by the level of solidarity of societies to each other in providing basic needs. The phenomenon can have many effects on global peace and security in various fields and as a result of several factors including; The lack of determination of the international community to fight against piracy, the failure to provide global maritime security as a result of the lack of sustainable maritime development, the geographical dispersion of the occurrences, impunity due to the ineffectiveness of international documents, and the inefficiency of international policies and internal laws of coastal countries. It can disrupt maritime trade and as a result human, economic, health, food and energy security and make the world order face a serious challenge which disturbs the security and peace of the world.

 The complexity of crimes affected by the passage of time and information and communication technology has created new forms of crimes on the one hand and on the other hand it has penetrated geographical borders and created actors who carry out their crimes geographically beyond the jurisdiction of countries. The aspect of transnationality and organization of crimes provided the basis for countries to come to the conclusion that they should actively enter into the issue, the components of organization along with transnationality and the occurrence of new crimes made any action difficult until The determination of the international community found its place in facing the issue. From the opportunities obtained from globalization and the ease of international communication and the removal of borders, criminal gangs have expanded their role and power beyond the borders and not only threaten a society and nation, but also endanger global security. In this thesis, the researcher tries to investigate and analyze transnational organized crimes from the perspective of documents and the international law system.

 The current research was conducted in terms of its practical purpose and information collection by library method and the obtained information was analyzed by descriptive analysis method. Therefore, considering that the resulting information has been collected using library tools, it has been extracted from books, articles, internet sources and other reliable research sources and in the framework of international laws and regulations, in order to find the most important examples of crimes. Organized, identified and explored.

 What emerges from the structure and context of organized criminal gangs indicates that criminal organizations easily adapt to the cultural, economic, political and geographical environment around them and by establishing effective local communication from the least The existing facilities gain the most productivity, the emerging plurality of organized groups at the regional and global level is something that really threatens to weaken the security of the world and it is necessary that laws be established at the international level and strategic police cooperation should be improved. And otherwise, international crimes threaten the essence of governments. The potential power of organized crime is not only to cause severe damage, but worse, to destroy macro-economies, and as a result, international security is the most decisive task of police control to develop effective and uniform measures to reduce and prevent international crimes.

Harassment is the cause of many sexual and psychological illnesses such as sexual harassment and rape. Harassment disrupts family relationships and marital life. Parental control over children due to the lack of parental awareness of computers and on the other hand easy access to all kinds of immoral sites has caused the misuse of the Internet to become less and less disturbing. Although pornography is a sexual perversion with a long history, the Internet has made it much easier and easier. Research

The method of this research is based on most criminal law researches in terms of practical purpose and in terms of descriptive-analytical implementation method and instrumental and library data and data collection tools. It tries to find a way to differentiate and similarity of these laws in order to fight against cyber cybercrime of children by comparatively examining the sources related to the laws of Iran and England and international documents.

The findings of this study show that the Iranian legislature in dealing with the perpetrators of these crimes has been dispersed in expressing its legal examples and from time to time in various laws to refer to it and in each of these legal texts confusion in Orders issued are observed. However, in the English law and international documents, they defined this crime with a single point of view and determined its specific types of criminalization and specific punishment.

The criminal policies adopted in most parts of the world are legalization, not only has it failed to curb child pornography, but it has become more widespread and global and, of course, more destructive to victims. The most appropriate strategy and criminal policy against pornography is criminalization and complete prohibition so that it can succeed in controlling its control with deterrent punishments.

The term blue victimology is the study of international rules, regulations and, in fact, international norms focusing on UN documents on criminological and cognitive victim issues related to women (such as delinquency, victimization and prevention). Approved.

This research is a qualitative type that has been done in a descriptive-analytical method, relying on international documents and studying national laws and regulations in the form of documents and libraries.

The norms contained in the UN Human Rights Documents on the Prohibition of Violence against Women and the Protection of the Rights of Children and Adolescents can be considered as measures taken in the field of blue victimology to protect women victims and children internationally and In domestic law, we can also refer to legislative norms and actions of civil institutions. in the Iranian penal system, especially in the legislative dimension, extensive measures have been taken to protect women in line with international action.

blue victimology at the judicial and executive levels in Iran in comparison with international standards is considered a nascent blue victimology that with measures such as community-based interventions and mental health interventions and prevention of double victimization, with authoritative decisions At the judicial level, as well as the implementation of international law, including the promotion of multilateral assistance and cooperation between governments in order to exchange information and expedite criminalization, fundamental steps can be taken in this regard.

The family is the foundation of human society and the main center of growth and excellence of individuals. However, like any other institution, there may be conflicts and disagreements. In many cases, these family tensions lead to separation and separation of couples. Today, the legal solution for separating couples is to go to family court. As a result, and according to the laws in question, resolving disputes in family lawsuits is the responsibility of the arbitral tribunal. The Family Protection Law adopted in 2012, according to the order of the holy sharia of Islam, has made it necessary to refer divorce cases to arbitration. This is a legal requirement to bring about peace and reconciliation between conflicting couples and to support a family unit that is on the verge of breaking up. Therefore, the present dissertation uses the library method to examine the role of arbitration in reducing the number of cases submitted to the judiciary with emphasis on family lawsuits. The most important results of the research are that; Due to the importance of the position of arbitration in resolving disputes and encouraging people in the community to refer to the arbitration institution, it is necessary. One of the issues that is being considered today in reducing the rate of divorce and the social harms caused by it, and which has lost its function in the family justice institution today,

In the international judicial system, in order to maintain the judicial security of the people, the rules and principles of a fair trial have been recognized.Since the judge can also make mistakes or slip in the process of investigating crimes and violations of the people, a reference called the Prosecutor's Office and the Supreme Disciplinary Court of Judges has been provided in Iranian law to investigate judges' violations. Therefore, this study has been written with the aim of examining the degree of observance of the principles of fair trial in international documents regarding crimes and disciplinary violations of judges.

The present study is applied in terms of purpose and descriptive-analytical in terms of method. The method of collecting information is a combination of library-documentary studies.

In dealing with crimes and violations of judges, observing the principles of fair trial is far more important for judges who are the law enforcers and the rulers of people's lawsuits,

Cyberspace, such as the real space, has been used by perpetrators to commit crimes and they are exploiting other activists in this space. The widespread and transnational nature of this crime has resulted in the fight against cybercrime and the persecution of its victims. So far, no effective action has been taken by the countries. Given the prevalence of cybercrime attacks across the globe, the need for attention paid to the victims of cyber terrorism in international law and international law is seen. No specific regulation has been devised to support the victims of cyber terrorism in Iranian law. By imposing penalties on perpetrators of cybercrime, only custodial support for cybercriminals has been made, and other needs of the victim remain unpaid. Therefore, material compensation for cybercrime victimization is also subject to certain general rules, such as the Civil Liability Law, to compensate for material damage to cybercriminals. International documents, despite the special focus on terrorism in the form of binding resolutions and declarations on the criminalization of criminal criminal behavior, do not contain a specific document on cyber-terrorism, and in other documents related to terrorism, the criminality of cyber-terrorism and victim support has not been addressed.

Restorative justice has been around since the last three decades and in the last half of the twentieth century in the light of modern criminological developments with the idea of the judiciary and secretarial code approach to resolving conflicts and efficient public participation as a theory of criminal justice. Or complement the classic pattern of domestic and international criminal justice. The Iranian legislature has also been considering this restorative approach in legislating laws. The purpose of the present study is to investigate the effects of restorative justice on Iranian criminal law and International documents.

The present study is applied in terms of purpose and in terms of writing, it is a descriptive-analytical research. The information was collected through library study and access to domestic and foreign academic and electronic resources.

Findings and Results:

The results suggest that the UN Charter requires its members to resolve international disputes through peaceful means. the anticipation of the legal establishment of the postponement of punishment, first introduced by the French Penal Code on July 11, 1975, is a new step towards restoring criminal justice. the Iranian legislature also introduced aspects of the restorative approach to criminal law with the formation of the House of Justice and the Arbitration Council (before the revolution) and the formation of the Dispute Resolution Council (after the revolution). Recently, it has provided for articles 80, 81, 8283, 217 and 283 CC (2013); ) It has incorporated aspects of this movement into Iranian criminal law.

Enacting the code of criminal procedure in February, 2014, the legislator, for the first time, allows the accused to have access to a lawyer in the preliminary police investigations corresponding to and in line with the United Nation’s principles and international standards. But, with a study of the articles 6, 48 and 52 of the Issued Notices, forming the basis of such a right in favor of the accused, quite contrarily, we are faced with an undue silence as well as a great many of legal barriers and limitations in this regard. Furthermore, the shortcomings of the procedures codification, the lack of adopting appropriate and necessary sequence of instructions for the exertion and implementation of the aforementioned law is clearly visible. The pitfalls and the limitations mentioned above can also be observed regarding informing the public of the Right of Access to a Lawyer, the facilitation of the affairs and the related preps pertaining to the legal assistances, inspection and supervisory mechanisms concerning easing the access to legal aids, teaching police officers regarding such a right, the advent of limitations and barriers in legal counseling and so forth. The result is that although the legal aids providers play a very important role in preparing quick access to legal assistances such a right cannot take effect without effective cooperation, arrangement of procedures, adoption of appropriate instructions and methods sought by the police as the general law enforcement body as well as teaching the police officers in connection to such a right, its importance and the significance of the relevant rules and procedures.