جستجوی مقالات مرتبط با کلیدواژه "legislative criminal policy" در نشریات گروه "علوم اجتماعی"

Among the cases of violation of citizen's rights in the process of dealing with crimes against the country's security is the stage of crime detection. The way out of these challenges has been presented.

In terms of the method of data collection, the current research is in the form of documents, and the information needed for the research was collected from documented scientific sources, and then the collected information was analyzed using an analytical and descriptive method.

The findings of the research show that there are various challenges in the realization of the dignity-oriented approach in the detection phase of security crimes, the most important of which are challenges related to non-compliance with privacy (spoken and written communications) and also challenges related to non-compliance The right to benefit from a defense lawyer and as a result the defense rights of the accused are violated.

The results of the research show that the legislator has recently tried to balance security-oriented and dignity-oriented approaches in detecting security crimes, however, criminalization and disambiguation of criminal procedure laws and strengthening The guarantee of executions overseeing the duties of officers can guarantee the individual freedoms and defense rights of those accused of security crimes.

Most countries have a specific criminal policy in the post-criminal phase against persistent offender criminals.The police, as one of the institutions of criminal justice, play a role in controlling the crimes of this group of criminals according to the law.In this regard, the aim of the present study is the pathology of preventive and care policies in various fields and challenges.

this is a qualitative research and In terms of implementation method.

Iran's criminal policy due to legislative gaps;Destructive effects of punishment on prisoners, managerial, structural and nature problems of prisons;The cultural problems of criminals in the post-criminal phase and the policies of deprivation of imprisonment of the judiciary and the personal and ideological influence of the heads of the judiciary in accepting the theory of deprivation of imprisonment as well as the inefficiency of post-exit care exsit in the social re-socialization of criminals and the lack of a coherent structure to manage criminals after release from prison in conflict society;Obstacles and serious challenges.

The adoption of bylaws and care instructions in the post-criminal phase by the judiciary, although they could be somewhat promising and promising, but their study shows that these bylaws do not provide any appropriate mechanism to prevent recurrence.Crime is committed by this group of criminals and the need to prepare and approve practical laws and strategic plans in Iran's criminal policy will lead to the organization andcoherence of Iran's criminal policy towards the crimes of persistent offenders and the prevention of their crimes.

Deprivation of liberty is one of the most severe punishments in the world's criminal systems. Criminological and criminological ideas in the form of punishmentism and utilitarianism have always challenged the penal systems in applying this punishment. The lack of a coherent criminal policy and the adoption of contradictory positions towards incarceration and de-incarceration in Iran require that by studying the comparative criminal policy of an advanced legal system like England and identifying the criteria and measures of punishment in it, we should find out what are the effective components of Iran's legislative criminal policy in incarceration and de-incarceration? What changes have been made in this policy according to the law of 2012 as well as the law on reducing penal imprisonment in 2019? 

The research method in this article is a qualitative content analysis with a directional approach, which tries to emphasize the necessity of adopting a clear and codified legal criminal policy in the application of imprisonment by identifying the strengths and weaknesses of the recent actions of the legislator.

In the Iranian penal system, there is basically no coherent penal policy, especially in the case of deprivation of liberty, although the legislator has periodically reduced the term of imprisonment and encouraged the use of quasi-criminal responses and fraternal institutions, but the last determination of the legislator in line with De-incarceration in the form of the Law on Reduction of Imprisonment due to the adoption of a contradictory criminal policy in the field of sentencing and punishment of similar crimes, the lack of rules to measure the severity of crimes, the lack of macro decision-making in criminal policy, the superiority of the paradigm of punitiveness over utilitarianism in the thinking and behavior of legislators and judges, and the lack The necessary infrastructure for the correct implementation of imprisonment and its alternatives, while not reducing the prison population, has also failed in the implementation of macro policies of de-incarceration.

Although committing terrorist crimes is not a new topic. But the threats posed by this ominous phenomenon to various societies today have created a strong determination in national and international criminal policy to a purposeful fight against this transnational organized crime. Because, as a result of the spread of new technologies and the process of globalization of crime, significant changes have taken place in the nature and extent of this type of crime in the world. At present, the threats posed by terrorist acts do not fit into the framework of a given land and have become a global problem. The aim of the present study is to evaluate the developments of Iran's criminal law policy against organized crime of terrorism with the approach of globalization of crime.

The present study is theoretical in nature, purposeful, applied in terms of purpose, and descriptive-analytical research in terms of writing style. Data collection has been done through library study by referring to academic and electronic scientific resources.

that Iran's criminal law policy does not have effective and coherent mechanisms to combat the phenomenon of terrorism and the legislature has acted poorly in criminalizing and allocating independent legal material to this crime. However, in the judiciary, moharebeh and corruption on earth are considered as examples of terrorist operations. However, this lack of coordination in criminal and judicial criminal policy is not very pleasing to the Iranian judicial justice system. Of course, following the emphasis of the UN Security Council on the criminalization of terrorism (1373), the legislature in 1394 with the passage of the Anti-Terrorism Financing Law, criminalized terrorist acts and such crimes. However, this type of criminalization is not enough, and criminalization of terrorism is necessary in Iranian legislative policy as an independent crime.

Criminal liability and its elements; In terms of gender and nature of the subject, it is among the rules of transaction (in the general sense). Characteristics and characteristics of religious rulings; Not applicable in the field of criminal liability. Assuming the commission of a crime, the perpetrator can be punished when he is eligible for liability, so the content of criminal liability is only related to the administration of a social matter and has comprehensible and inferred interests.

In this article, the authors have explained the subject of the article by analytical and descriptive methods.

The type of Iranian legislative approach to the issue of criminal responsibility and its rules can not solve many issues and legislative problems in this area and instead of inventing solutions that reject the principles and rules accepted in the context of criminal law and the product of rationality It is human (as it has done in Article 91 of the Islamic Penal Code), to solve structural and fundamental problems in order to regulate the relationship between the government and the individual within the framework of criminal responsibility.

Analysis of the worship of a social issue on the one hand, as well as adherence to its international obligations and treaties as in the Convention on the Rights of the Child, on the other hand; The regulations confront the issue with a kind of disorder and inconsistency that not only does not fulfill the mission and goals of criminal law

Providing global consensus on global principles and norms including fundamental rights and freedom derived from human dignity. Human slavery in old and modern forms violates the global norm. Modern form of this phenomenon with the name of “human trafficking” has been increasing in recent years and making bad effects on origin and destination countries. How much global society is concern about protection of the mentioned principle through combat human trafficking as an aspect of the violation? This Article tries to answer the following questions: What is human trafficking? What is globalization? When the process of global combat against human trafficking has been begun and what is its state now? What is the effect of the process on legislative criminal policy on Iran and the other countries?