جستجوی مقالات مرتبط با کلیدواژه « criminal policy » در نشریات گروه « علوم اجتماعی »

Among the fields that are sometimes heavily influenced by populism in the domestic and international arenas are economic criminal policies. In this regard, the main goal of the research is to analyze the signs of economic populism in Iran's criminal policy and then to explain the most important preventive approaches of countries in the international arena to avoid economic populism.

The research method in this research is descriptive-analytical, which was done by reading books, authentic researches, and exploring legal documents and domestic and international laws and regulations.

The result of the research shows that;

 Iran's criminal policy is facing a kind of populism, the most important signs of which can be seen in: "lack of a clear definition of economic crimes", "inflation and multiplicity of economic laws", "guarantee of purely strict criminal executions", "incomplete differentiation". "economic criminal proceedings" and "insufficient supervision over the good implementation of economic policies" summarized. But in the international arena, the leading countries in this field (such as China, Sweden, Australia, France and Germany)By adopting preventive approaches such as "providing a clear definition of economic crimes", "rational and targeted economic legislation", "avoiding pure strict criminalism", "optimally differentiating economic criminal proceedings" and "effectiveness of monitoring the implementation of macro policies" "Economic" while avoiding populism in economic crimes, have brought economic growth and prosperity to the society and each of its citizens.Populism, economic crimes, criminal policy, preventive approaches, international system

Crime prevention includes all activities that help stop or reduce crime as a social phenomenon. These activities are carried out by all actors who are likely to play a preventive role. Effective prevention requires the cooperation of actors in the judicial system with other sectors to address the root causes of disputes and prevent crime (by observing Sharia، legal، and human rights standards). With this premise، it can be said that the role of the police in preventive crime policy as an executive arm is undeniable، and based on proven scientific research، success in this process is conditional on the inclusive participation of the people. In this review، with a descriptive، analytical approach and the use of documentary and library methods، we seek to answer this question: Is the principle of preventive criminal policy based on people-centeredness effective when implemented by law enforcement officers، including the police? According to the scientific studies conducted in this regard، it can be said: preventive criminal policy without people's participation in every stage، even the implementation stage، is doomed to practical failure. It is possible to escape from this inevitable failure by strengthening the local police and non-governmental organizations.

 The realization of the goals of the criminal justice system and the provision of social security for citizens involve the formulation and implementation of a systematic and goal-oriented executive and judicial policy in combating criminal phenomena. Therefore, this research aims to investigate Iran’s criminal policy regarding ex-offenders in the post-criminal stage.

 The study was conducted using a descriptive-analytical method.

 Iran’s criminal policy faces challenges due to legislative gaps, the adverse effects of imprisonment on prisoners, managerial, structural, and inherent issues within prisons, cultural problems faced by persistent offenders in the post-criminal stage, and officials’ neglect in addressing economic, employment, housing, and other social and familial problems of prisoners. Additionally, inadequate supervision and care during the post-criminal stage, as well as the personal and ideological influence of judicial authorities, pose serious conflicts and challenges.

 While the approval of post-criminal care regulations by the judiciary may offer some hope, a closer examination reveals that these regulations lack effective mechanisms to prevent recidivism among persistent offenders. It is essential for responsible institutions to focus on strategic planning, the enactment of practical laws, and supportive programs to address the multifaceted problems faced by prisoners during the post-criminal stage. Understanding the key components that contribute to citizens’ social security and prevent recidivism directly correlates with effective crime prevention.

A white marriage is a marriage in which a man and a woman live together informally and without a religious contract. This phenomenon is a style and way of life that has been growing in recent years in Iran. The current research is an applied research that was carried out using library sources and documents in a qualitative way (content analysis). According to the results of this research, in addition to the criminal consequences and committing numerous crimes, white marriage has various legal consequences, especially in the field of inheritance, dowry, alimony, etc. Some of these behaviors have already been foreseen by the legislator in the form of legal rules. But in order to properly respond to this new phenomenon, it is necessary to adopt a differential criminal policy in relation to white marriage in the form of criminalization and response. In terms of criminalization, illicit relationship and adultery, failure to register marriage, abandonment of alimony, illegal abortion, etc. need to be reviewed and re-regulated and In the response section, active (non-coercive) measures are needed in the form of social prevention and reactive (coercive) measures in the form of correction, discipline and punishment of the perpetrator. Otherwise, the tendency of young people towards this style of marriage and its consequences will seriously confront the family institution with new and fundamental challenges, which will also affect the future of the country's population.

Article 85 of the Iranian Maritime Law approved in 1343, which was added in 1391, assigned duties to the captain of the ship to manage the crime scene on the ship as a bailiff in the event of a crime being committed. Basically, the actions of the captain of the ship are carried out within the framework of the criminal procedure law. In this essay, the researcher is trying to answer the question by analyzing the research records and investigations that have been done, based on the criminal policy of Iran, what is the status of the captain of the ship as a bailiff when the crime occurs?

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

The captain of the ship, in the position of the general bailiff, according to the duty assigned by the Iranian maritime law, in the event of a crime occurring inside the vessel under his command, he should, within the framework of the criminal procedure law, first try to discover the crime, preserve the traces and signs and Collect evidence of the crime, identify, find and prevent the escape and hiding of the accused, and in the next step, according to the location of the ship, make the necessary arrangements to obtain the assignment regarding how to continue the investigation and deliver the accused to the competent judicial authority. .

While state are in charge of maintaining order and security and justice in society, they may sometimes become the factor of insecurity and disorder, in which case state crime occurs. State crimes are criminal and anti-social acts committed by states and state agencies against their own citizens. Countering with state crimes committed in society is the responsibility of states, but countering with crimes committed by states themselves is a challenging issue. Because there is no superior power to power of state. In this case, people and civil society can also counter with state crimes, which can be violent or non - violent. According to these issues, this article tries to investigate various criminal, judicial, and participatory criminal policies through criminal and non-criminal strategies with these crimes and evaluating these strategies with emphasis on Iran's criminal policy. The effective operation of the legislative and judiciary through criminalization and fair trial and the activities of public and non-governmental bodies, Violent and peaceful protests of the people and restorative justice are ways to deal with state crimes that have been analyzed in this article.

Public policy in general and criminal policy in particular are formulated to meet the macro goals of each system of government. One of the important goals of any political system is to provide security in its various dimensions. Therefore, in the present era and in a discourse change, in accordance with this goal, criminal policy has also taken on security and crime management strategies that are the main task of criminal justice actors, including Have affected the police and shifted to a differentiated approach, called "security-oriented criminal policy", focusing on communicative legislative policies. Therefore, the purpose of this article is to examine the issue of security orientation in criminal policy in terms of form and substance and explain the role of the police in it.

The research method is descriptive-analytical in terms of practical purpose and in terms of implementation method and collecting information in it through documentary review and using library resources and internal and external research documents related to the subject as a statistical population (including 26 Books, 23 articles, 3 doctoral dissertations, and 2 master's dissertations (which were used in full) and were done through phishing.

Based on the findings of this study, in the security-oriented criminal policy model, the criminal approach has replaced the criminal-centered approach in which negative and harsh actions by actors active in the criminal justice system such as the police with the aim of creating maximum security, It is emphasized and this process has created many conflicts with the requirements of human rights and the requirements of realizing a justice-oriented and dignity-oriented approach.

The principles governing security-oriented criminal policy can be examined in both formal and substantive spectrums. These coordinates in Iran's legislative criminal policy also have manifestations that are most important in dealing with important crimes in deviating from the accepted principles of the criminal justice system. , Temporary, extensive and maximum criminalizations, non-transparent and politicized, with a guarantee of strict executions and justification of the goal can be seen using any means or criminal Machiavellianism.
The police, as one of the main actors in criminal policy in the field of execution, must create the maximum balance between security interests and personal interests of individuals in precise and delicate measures, and in implementing measures, it does not go beyond the framework of justice and dignity. Differential criminal policy will be implemented.

Today, one of the basic challenges in the discussion of laws is excessive resorting to the guarantee of criminal execution and subsequently limiting the freedoms of individuals, imposing exorbitant costs on the government and also interrupting the functioning of the judicial system. Considering the effectiveness of resorting to other measures In order to deal with the criminal phenomenon in order to reform and rehabilitate criminals and prevent re-commitment of crimes and reduce the inflation of the criminal population, the legislative criminal policy of most countries, including Iran, has moved towards the idea of limiting the scope of the intervention of the criminal system. The legislator of Iran, with the help of human rights doctrines and the latest findings of criminology in order to reduce the burden of the criminal system and by predicting mechanisms such as postponing the issuance of the sentence and suspension of the execution of the sentence, parole, alternative punishments of imprisonment, etc. It has adopted the approach of decriminalization as a way in the policy of retreating the criminal system.

The diversity of criminal responses is part of the meaningful and wise diversity of criminal policy in Islam. Among the manifestations and symbols of this penal legislative wisdom is the legislation of fixed and certain punishments (limits) and indefinite and flexible punishments (tazirat). The correct interpretation of the Shari'i arguments and in accordance with the goals of the Islamic religion and the philosophy of punishments in the Islamic criminal policy requires that the limits and punishments are two types of criminal responses to two categories of crimes, one definite and definite, which is applied to serious and unforgivable crimes. and the other is indeterminate and indeterminate, the limits of which are determined and the amount depends on the discretion of the judge. However, the existence of strong differences of jurisprudential opinions regarding the aspects of different punishments, especially punishments, shows the ignorance of the true nature of punishment in Iranian jurisprudence and law. This lack of jurisprudence has caused the positive results expected from this variety of penal instruments to be obtained in the legislative and judicial criminal policy in the Islamic Republic of Iran, and there are differences in these two criminal responses. In this regard, the author explains the place of punishment in Iranian jurisprudence and criminal law by using descriptive and analytical method.

Adopting a penal populist approach by the criminal justice administrators and policymakers has been one of the most important damages the different systems of criminal justice have been faced with in the recent decades. By reviewing all the available literature on the issue and, using descriptive-analytical methods and library studies, the present research tried to study the penal populism phenomenon through a sociological approach. In other words, as its most important objective, the present research is concerned with explaining and analyzing sociological contexts leading to the formation of penal populism. The findings showed that different sociological contexts help in rising penal populism phenomenon in a criminal justice system and criminal policy - from which public ignorance, undeniable impacts of mass media, and ever increased public fear of crime can be mentioned as the most important ones. It seems that, controlling or decreasing social contexts which result in penal populism require ever more increasing of mass awareness, optima and consistent management of mass media, and ever more use of criminological and sociological findings in the process of fighting crimes.

Cyber terrorism is one of the new and dangerous types of security threats, which on the one hand due to the aspects and coordinates of terrorist acts and on the other hand due to the use of cyberspace capacities, introduces severe terrorist acts and ... It requires reflection and foresight in management and control.

Due to the complex characteristics and features of the substance and structure and the dimensions and consequences of this phenomenon, accurate and calculated policies to deal with and prevention should be adopted, which also requires the convergence and synergy of national institutions from a On the other hand, regional and international interaction and cooperation.

Criminal policy against cyber terrorism should be comprehensive; Be intelligent, combined and differentiated to be able to provide appropriate responses to the negative consequences of this emerging criminal phenomenon. In the field of preventive action, we can refer to social and situational preventive measures against cyber terrorism, and in the field of reactive measures, we must point to the need for proper substantive and discriminatory legislation that guarantees strict deterrent enforcement

 

Crime prevention in the digital environment is one of the important issues that has always been the subject of discussion. The role of media activists in the prevention of crime in the digital environment has not been paid much attention, and in this research, an attempt has been made to address this issue. Do they have crime prevention?

The present article investigated the mentioned question with descriptive-analytical method and using library method.

Media activists are effective in dealing with crime in the digital environment through criminal prevention in the light of criminal policy and through non-criminal prevention in the light of digital criminology. The role of media activists can play an important role in the criminal prevention of crime through the reflection of judicial events and public condemnation of crime, helping to detect and prosecute crimes, trial and conviction of criminals, searching and helping the police. Also, through social control, jurisprudence and criminology, and informing and warning, be effective in the non-criminal prevention of crimes in the digital environment.

Most countries have specific policies in the detection of organized crime that legislative criminal policy is part of these policies. Performs his / her intrinsic and legal duties. Although his / her duties towards obvious and invisible crimes are different and he / she must perform his / her duties in accordance with the judicial authority and according to his / her instructions and instructions, but there are obstacles and opportunities in this regard. Police law enforcement in detecting crime and identifying legislative challenges in detecting organized crime.

The present study is qualitative and in terms of implementation method, descriptive-analytical. Data related to the cholera method has been collected and analyzed by careful analysis of existing laws and regulations, documents, articles, books and other relevant documents, and by examining the theories of expert jurists and criminologists.

The findings of the study show that criminal policy in the field of organized crime detection, laws, regulations and bylaws have serious ambiguities and this has made the police unable to fulfill their responsibilities in various areas, including important and organized crime and other crimes. Others, like petty crimes such as drug dealers, do the right thing, and this has seriously damaged the social capital of the police.

the role of judicial officers in the criminal process is not limited to the detection of crime and the arrest of criminals, but they also play an important role in preventing people from delinquency. The general purpose of this study is to provide a model of police executive criminal policy in preventing student delinquency.

this research is of exploratory nature in which qualitative data is used. The statistical population includes experts from a variety of institutions (NAJA, judiciary, education, welfare, correction and rehabilitation centers). The author, using the snowball method and after holding in-depth interviews with 14 experts, has reached theoretical saturation. The data were collected through in-depth and semi-structured interviews and were subsequently analyzed using qualitative content analysis.

the police executive criminal policy in preventing student delinquency is divided into three supportive, collaborative, and interactive dimensions and four public, at risk, witness and informed, and repeated delinquency components, each consisting of indicators which are presented in detail.

the police by creating trust and cooperating with school principals, family, and organizations in charge of prevention can, to a large extent, prevent victimization and its repetition. To realize this, updating and upgrading the equipment and information systems according to the latest developments in the criminal environment is recommended.

The purpose of this study is the effect of probation, suspension of care, community service and its role in preventing recurrence of crime centered on Bushehr city. The type of study is descriptive-analytical and applied in terms of purpose. The statistical population is experts, judges, lawyers and ordinary people, as well as observing cases and taking notes in Bushehr. Their number reaches 270 people. The study sample is people living in Bushehr, a total of 100 people were selected as a sample using Cochran's formula. Alternative punishments are punishments in which criminals receive their punishment outside the prison environment and in the heart of society by popular and civil institutions. Since crime is a social phenomenon and born of society, so the most important factor to prevent recurrence of crime should be in the social sphere. Found. The present study deals with different angles of alternative punishments and explains and analyzes the issues related to it. And is effective in preventing recurrence of crime.

Financial crimes of government employees are among the crimes that, while destabilizing economic order and security, cause people to distrust government institutions. Iran's criminal policy has also dealt with this crime in a legislative dimension. In this study, while analyzing the concept of financial crime, we examine the extent and dimensions of Iran's legislative criminal policy in combating the crime of corruption of government employees?

This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

In Iran, the fight against financial crimes of government employees has been discussed at different times and with different goals, but the realm of Iranian criminal policy regarding crimes committed by government employees after the victory of the Islamic Revolution and the establishment of Islamic government on the one hand and before The nose of new criminal behaviors, on the other hand, has evolved compared to pre-revolutionary laws. Iran's legislative criminal policy towards the financial crimes of government employees has a criminal and punitive approach and to a limited extent has taken a non-criminal approach.

Children are one of the most vulnerable groups in society who are always abused for various reasons such as weakness of physical strength, lack of sufficient analysis and reasoning. Weak rules and regulations and, of course, the inability to guarantee performances, on the other hand, further fuel this issue. Based on this, we seek to answer the question that what mechanisms can be observed in Iran's criminal policy and international documents in order to prevent sexual abuse of children?

In order to prevent child sexual abuse in international treaties and Iran's criminal policy, mechanisms have been put in place. The most important of these treaties include the Convention on the Rights of the Child, the Additional Protocol to the Sale, Prostitution, Child Pornography, and the Additional Protocol to the Palermo Convention on Organized Crime. Iran's policy on criminal prevention includes criminalization in various laws, including (the fight against human trafficking, the Islamic Penal Code and the Law on the Protection of Children and Adolescents). Non-criminal prevention also includes situational prevention (preventive measures related to trafficking and monitoring of tourist sites) and social prevention (educational measures, the role of social media, promotion of cultural and religious foundations, and measures based on poverty alleviation). More about this source textSource text required for additional translation informationSend feedbackSide panels.

Foreign investment is the intersection of the national interests of the host country with the respective countries of the investors. By considering the disruption of the foreign investment process as a criminal phenomenon, the investigation of the issue from the perspective of criminal policy becomes inevitable. The purpose of this study is to explain the position of restorative strategies in supporting foreign investment in Iran's legislative criminal policy. In this regard, two major restructuring strategies aimed at compensating for the disruptive practices and procedures of foreign investment by the Iranian criminal policymaker at the legislative level have been envisaged.

The research method is descriptive-analytical and library.

The findings indicate that the payment of compensation to foreign investors and also the recognition of the right to refer to arbitration to injured foreign investors are among the most important remedial strategies envisaged by the Iranian criminal policymaker in this regard. . Despite the serious concern of the country's criminal policymaker to the strategy of compensation in legal texts and bilateral investment agreements, it seems that the strategy of the right to arbitration, despite the lack of explicit opposition to Iran's legislative criminal policy and the provision of this strategy in many Bilateral investment agreements, the provisions of Article 139 of the Constitution, which make the settlement of disputes arising from foreign investment subject to parliamentary approval, have caused the country's legal policies to not fully comply with the standards adopted by the international consensus.

White-collar crimes are important crimes in the administrative system of the Islamic Republic of Iran, which need to be addressed. Considering the instructive life of Imam Ali (AS) in protecting the treasury, in this article, an attempt has been made to examine the criminal policy from the perspective of Imam Ali (AS) with emphasis on white-collar criminals. The main question that is raised and examined in this article is that in the noble book of Nahj al-Balaghah, which expresses the speech and manners of Imam Ali (AS) in relation to dealing with the crimes of white-collar workers, what are the criminal solutions?

The present article is a descriptive-analytical and uses the library method to investigate the issue.

The results of the research indicate that Imam Ali (AS) believed in two approaches to penal policy, punishment and correction. In the punitive approach, they believed in the certainty of punishments, and in the corrective approach, they believed in pardoning and not blaming criminals and avoiding labeling. Regarding the criminal policy of white-collar crimes, they also emphasized on the public execution of punishments, determination, severity and equality in the execution of punishments. In addition, the results indicate that in order to implement criminal policy, high judicial authorities and judges of the courts should take a strong and decisive approach to this issue by using the ideas of Imam Ali .