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

Red collar delinquency is a combination of deceptive and violent crimes and red collar criminals can be white collar criminals whi plan to kill people whi are on the path to exposing their fraudulent crimes due to their mental disorders such as narcissism,anti social personality, psychopathy.

The author has used a descriptive-analytical method to explain the hegemony of the mass media and the effect of this in adopting populist preventive measures against crime.

Red collar criminals with instrumental violence,target their crimes as ruthlessly as possible through stewardship, intercession or vicegerence and despite having mental disorders, they are able to distinguish and rocognation their various actions.Therefore ,their perceptual power and mental capacity are not subjective to change and deviation and do not cause mental dysfunction.In other word ,red collar criminals understand the legal and social norms ewll and are aware of the nature of their perpetrating behavior and although the link xetween personality disorder and red collar delinquency has been proven,there is no doubt about the criminal responsibility of thers individuals;because their psychosis,narcissism, anty social personality do not cut them off from the outside word and deprive them of their volation and authority.

The concept of incitement in the criminal law of Iran and the United States can be examined from two perspectives. First, incitement was viewed from the perspective of the instigator and is stated as a "crime of incitement" in the laws. They have studied it under the title of "excuse for provocation" and here it is provoked, an action that occurs so severely from the provocative side that it affects the feelings of the accused or the provoked person and causes the person to His behavior does not dominate and he commits a crime.

The method of this research is analytical-descriptive and based on the available documents, the researcher examines the role of incitement in criminal liability according to the criminal policy of the country in this regard. In this research.

Contrary to Iranian law, victim incitement is recognized in the United States as a special defense in premeditated murder, and proving it reduces the responsibility of the perpetrator from premeditated murder to involuntary manslaughter. Exemption or reduction of punishment for murder on the bed, unreasonable qazf, extremist self-defense and anticipation of victim incitement as qualities of judicial mitigation can be considered as examples of the effect of victim incitement on criminal liability in Iranian law.

Creating an organization that is responsible for providing social security and defending the border and its continuity, is obvious. Therefore, each society, according to the different needs and cultural, economic and social conditions, has started to form a military and law enforcement organization with certain duties and missions, which are characterized by order, discipline, rule of law and observance of the command hierarchy. It is a principle that military commanders are held criminally responsible for failing to prevent violations of international humanitarian law by subordinate agents and for intentionally committing certain acts. For this reason, in international criminal jurisprudence, on the one hand, the existence of criminal responsibility for the type of command encouraging illegal actions of subordinates, as well as the mistake of simply not using deadly weapons by military commanders as a factor of exemption from criminal responsibility have been accepted. The present article is descriptive-analytical in nature and method, which is done using a library study method in which various aspects related to the principles of criminal responsibility of superiors and inferiors in the field of border duties have been done. Because respect for the borders of countries is a concern that little violation of which is the subject of disciplinary and criminal responsibilities. Also, by linking the issues of responsibility with border or border missions, which in the position of protecting territorial integrity have a justifiable general rule in performing their duties, criminal responsibility can be found to be so small and limited by combining with the conditions of this responsibility. Departing from borders and border duties is a factor for including the criminal responsibility of commanders and subordinates, and in this regard, the existence of a legal matter without the possibility of contradicting certain principles can be considered a factor for criminal responsibility of commanders and not subordinates.

This study examined the impact of criminological data on criminalresponsibility. The criminal responsibility of adults, minors and teenagers,legal persons in the light of criminological data and the role ofcriminological studies and findings are expressed in the evolution ofcriminal law. Criminal law can’t justify the liability of legal personsunder the same standard of legal responsibility for individuals. Recentdevelopments in criminal responsibility were the recognition of criminalliability of legal persons. About the age of criminal responsibility foradolescents, at the end of the age of 18, the criminal liability of theperson is not complete in sanctions, but in the case of the retaliation andlimitation of a girl after the age of 9 years and the boy after 15 years offull lunar criminal liability is complete. This is an inconsistency. It ismore appropriate that the age of criminal maturity in the limitation andretaliation is higher than sanctions. Measurable performance in criminalproceedings requires that, the degree of action against crimes committedby children and adolescents be increased in line with age and theirunderstanding and accountability. With the legalization of criminologicalfindings, the law is updated in accordance with the conditions andrequirements of the community.

The cyber environment or virtual environment is a concept that has recently been taken into consideration by criminologists and lawyers, and at the same time as the creation of this environment, there is a crime in it and using it. The legal struggle against these crimes required a few basic steps: first, the criminalization of criminal behavior, of course, criminalization without the creation of and criminal responsibility for action was considered almost impossible, perhaps on the basis that the lawmaker of Iran in the computer crime law emphasized the criminal liability of legal persons And the criminal responsibility of these individuals for the first time in Iranian law is clearly highlighted. However, the issue of criminal liability and the extent of its definition of the rights of computer crime is very important, there may be many questions regarding the scope of liability People in the virtual environment, the legislator of Iran assigned Chapter 6 of the Computer Crime Law to the issue of criminal responsibility, and the change that the above law has created is to identify and establish criminal responsibility for legal entities in the virtual environment. Women's mean More in terms of religious identity, and a relatively lower proportion of men committed crimes.

The article aimed to study penal policy of Iran against the juvenile delinquency. In order to conduct the research the documentary method is used with special reference to legal sources. This study findings show that our country legislator with attitude to gradual criminal liability adoption instead of leap responsibility in person’s transmission process has taken necessary support on differential trail prediction through lake of criminal personality for children, juvenile court formation, lake of criminal works in their convictions, obligation of court and prosecuting to build a case to personality, inclusion of the postponement of the sentence, penalty suspension on all children and adolescents crimes. Disregarding their previous convictions to apply for crime repeating rules, to form special police for children and adolescents, investigation and interrogation by women polices, appointment of a lawyer, obligation to conduct the preliminary investigation by court, to form the special institution for keeping children and adolescents aimed to rehabilitate and educate them, Hudud and Qisas reduction in spite of the doubts and skepticism about intellectual development of children and adolescents, possibility of appeal to all convictions in the stratum of society.

The gradual growth in liability proportionate to the degree of understanding based on age criterion, is among the worldly accepted approaches for realization of justice, hence a sign of social equity. In the majority of Muslim countries, there are minimum and maximum age requirements or incomplete criminal responsibility for a person to be subject to criminal liability. The ongoing approach in Muslim nations is to keep the children and young adults away from the judiciary system as far as possible. The laws chiefly consider emotional, intellectual and mental maturity irrespective of gender in determining the age for full criminal responsibility. The majority of them, however, have insisted on prohibition of exercising heavy punishments such as capital punishment and life imprisonment for under-eighteen youth. With respect to Imam Khomeini’s religious decrees, where he rules by virtue of the principle of dar’ (prohibition of enforcement of an order due to doubt) we can claim his view is in the same direction with this approach.

The growing increase in criminal acts in human societies has made criminologists study the sources and causes of criminal behavior. This research was carried out as cross-sectional study on 136 male criminal inmates in Tehran prisons using SCL-90 -R. These people were in the age range of 30-37 with an average age of 33.6, about 87% of them had psychological disorders, among which aggression, anxiety, and somatization were the most abundant and OCD & phobia, the least (P<0.01). This investigation clearly shows that majority of the cases under study suffer from some of psychological disorders such as aggression, depression, paranoia etc. Although according to Islamic Criminal Law these psychological disorders do not result in a reduction in penalty responsibility, at the presence of mild psychological disorders, tendency to commit more severe crimes may increase.