جستجوی مقالات مرتبط با کلیدواژه "punishment" در نشریات گروه "علوم اجتماعی"

Citizenship is a right of every citizen as enshrined in the Universal Declaration of Human Rights. Sometimes countries deprive their criminal nationals of their citizenship as punishment. This research was conducted by documentary-analytical-descriptive method. Research question: What is the nature and effects of the specific model of the Islamic Republic of Iran regarding deprivation of citizenship? It is assumed that this model, based on the principles of Velayat-e-Faqih, is fully consistent with the fundamental principles of international law. It was stated that according to the broad interpretation of Article 41 of the Constitution, the state has the right to revoke citizenship with one of the two conditions of dual citizenship or at the request of the individual, and this right means the authority of the state and not the obligation to it. In the silence of the law, the government of the Islamic Republic of Iran has put this model in the executive procedure, which, despite having the authority to deprive the dissidents of their citizenship, not only does not take action against it, but also considers the possibility of amnesty. As a result, due to the alignment of this model with the principles of international law, its implementation strengthens the political credibility of the Islamic Republic in the world and increases confidence in the agreement with the government in the future. The positive effect of this practice was that dissident groups sometimes disintegrated from within, which is considered an important step towards ensuring the security of the country.

In all eras, people's ownership of property has been an important and sensitive issue. Undoubtedly, everyone wanted to respect their property rights, and of course there are always people who ignore these rights and commit theft, which by the way is criminalized in all legal systems. In the Islamic system, theft is under two headings, "Hadi" and "Taziri". It has been said, the position of motivation in these criminal titles is somewhat different despite being the same. In this article, with a descriptive and analytical approach, we seek to find a suitable answer to this question: Is the criminal motive different in hadi and taziri thefts? It seems that some examples of the material element in Hadi theft have a direct effect on its spiritual element, and as a result, it has an effect on the type of crime and the amount of punishment. As a result, the research findings show that some of the material examples of theft have been completely effective in determining the location of the motivation or the equivalent of the psychological element of the crime, which can even have a direct effect on the type of theft and punishment.

One of the pressing issues faced by universities today is "academic cheating," which has been causing significant and irreparable harm to the academic community due to its pervasive nature. Studies indicate that cheating shares similarities with other forms of deviant behavior and individuals, who engage in cheating, are more likely to repeat such an action and do it so more frequently. The rational choice theory of criminology provides insight into deviant behavior, suggesting that individuals act based on their personal assessments of the expected benefits, which are influenced by the anticipated costs and motivations associated with the behavior in question. This theory underscores the significance of the perceived benefits of academic cheating, such as avoiding exertion, attaining higher grades, experiencing reduced stress, and saving time, while weighing them against potential costs, such as the risk of being deprived of the necessary education for future success. Furthermore, the deterrence theory offers valuable insights, positing that individuals' awareness of the certainty, severity, and swiftness of punishment diminishes the likelihood of engaging in deviant behavior. Therefore, if students do not perceive the clear and consistent enforcement of penalties for cheating as outlined in university regulations, the likelihood of cheating will increase. This research aimed to sociologically investigate and elucidate the phenomenon of academic cheating among Mazandaran University students through the lenses of rational choice and deterrence theories.

The present study employed a survey-based, cross-sectional research method, utilizing a questionnaire as the primary data collection tool. The research targeted the entire student body of Mazandaran University enrolled in the year of 1401. The statistical sample consisted of 400 individuals, comprising both male and female students selected through random sampling with a 5% margin of error. A total of 435 questionnaires were distributed and after excluding any incomplete or distorted responses, 400 questionnaires were deemed suitable for evaluation and analysis. The sampling technique employed in this research was proportional stratified random sampling, wherein the students' gender was treated as a stratum and the sample size was allocated to each stratum in proportion to its size. The collected data were analyzed using SPSS software, employing mean comparison and multiple regression tests.

The prevalence of academic cheating poses a significant challenge to the primary mission of the educational institution. Therefore, this research aimed to investigate this deviant behavior. The theoretical contribution of this study lay in the application of rational choice theory and deterrence theory to elucidate academic cheating. The findings of this research revealed that informal punishment, moral beliefs, self-control, and utilitarian needs are influential factors in explaining academic cheating. In essence, rational choice theory posits that, notwithstanding various constraints, individuals are rational, proactive, and capable of assessing the costs and rewards of their actions based on the prevailing circumstances. Consequently, academic cheating is a product of individuals' cognitive evaluations of the costs and benefits associated with the perceived outcomes of such behavior within the contextual conditions of the situation. Furthermore, deterrence theory asserts that if the punishment for academic cheating is severe, certain, and immediate, a rational individual will weigh the potential gains and losses before engaging in cheating and if the losses outweigh the gains, they will refrain from cheating. Consequently, students, as rational actors, meticulously assess all circumstances and situations before engaging in academic cheating and if the perceived benefits outweigh the costs, they may choose to engage in this behavior, thus expressing their agency.

Security of property and ownership has been identified as a red line of governments in most legal systems of the world. Usually theft is one of the crimes, all governments have considered strong criminal enforcement guarantees for it. In Islamic jurisprudence, theft is divided into limits and punishments, each of which has its own indicators. Various punishments have been considered for that, which in Ta'ziri theft, "state of emergency" is one of the factors that mitigate criminal liability. In this article, we are looking for an answer to this question with a descriptive and analytical approach through the library and documents method based on jurisprudence and criminal law, does urgency in the theft of Hadi usually lead to responsibility or not? It seems that in Hadi theft, taking into account the rule of Dara, the subject of Article (120) of the 92. and the principle of innocence, it exempts the person from criminal responsibility, but according to the authors, it will be valid under normal circumstances.

The combination of social punishments is a new concept that includes measures determined by the penal systems through the approval of the legislature and implemented with the participation of the community with the motivation of rehabilitation and the participation of more democratic institutions under the supervision of the ruling power. The concept of these punishments is closely related to the term alternatives to imprisonment as the most common, pervasive and dominant type of punishment, because the main origin of social punishments is due to measures taken by criminologists and criminologists to detain and escape the destructive and inevitable consequences of imprisonment. A review of the strengths and weaknesses of each of these types of punishments shows that each has a function commensurate with the specific crime and circumstances, but in the end, the present study concluded that, given that alternative social punishments continue in Iran, gaining a favorable position And due to its social functions, it needs more attention from the judicial system. At the same time, bedding in various dimensions, especially in socio-cultural dimensions, is highly necessary.

The crime of fraud is considered as one of the most important crimes against property in all legal systems and all countries of the world. The Iranian legislature has been paying attention to the crime of fraud for many years and has approved it in a separate law entitled "Law on Intensifying Punishment for Perpetrators of Bribery, Embezzlement and Fraud" in 1988. The British legislature first criminalized fraud under part of the 1968 theft law, which passed a new law on fraud in 2006 due to the ambiguity of the law. Fraud is a deception done by someone or persons for their own benefit or that of an institution. Therefore, this study has been written with a comparative study of the crime of fraud in the case law of Iran and the United Kingdom. The present study is analytical-descriptive in terms of nature and method and the collection of information in it has been through documentary review and receipt. The findings of this study have shown: First, differences between the crime of fraud in Iranian and British law in terms There are conditions for realization. In Iranian law, fraud is committed in the form of a positive act and no definition of a crime has been applied, but its criminal instances have been stated and this crime has been considered as a result of the perpetrator. According to Iranian law, what the perpetrator takes from the victim is the material form of property (movable or immovable). In addition to financial rights, English law also refers to non-financial rights.

The purpose of compiling this research is to examine the possibility of limited application of imprisonment in accordance with Islamic Sharia. Due to the ineffectiveness of prison punishment in reforming and rehabilitating prisoners, as well as due to the resulting injuries that have caused an increase in the criminal population of prisons, the officials of the criminal justice system have decided to limit the use of punishment as much as possible. This is despite the fact that Islamic Sharia has recognized the ineffectiveness of prison from the beginning and in religious thought, imprisonment is not considered as the main punishment and as one of the examples of tazeer, it is a protective and educational measure and has the aspect of correction, deterrence and prevention of crime. The cases where prison has been used as a punishment have been brought up as a necessity and are basically incompatible with the logic of Islam, which tries to educate the people of the society. The current research method is descriptive-analytical, which has studied the examples of imprisonment in Shari'ah and its approach to reducing the use of imprisonment by studying books and articles. The results show that after the victory of the Islamic revolution, most of Iran's laws were taken from Imamiyyah jurisprudence, but regarding the use of prison punishment, the link of the legislator with Islamic law and Anwar's Sharia has been broken, because in the penal policy of Islam, which is manifested as a part of jurisprudence does.

In medieval history, Iranian governments did not have fixed and unified laws for the judiciary. Because of the judicial components, governance has changed over time according to historical events. The Qajar system, according to its traditional way of governing, was formed on the basis of traditional judicial laws. Laws that were enforced not by written and comprehensive law but by the wishes of the sultan, prince, and local ruler. Punishments, like personal trials, were carried out according to the will of the qibla and different from conventional international law. This research is a descriptive-analytical method and data collection method based on archival documents and library resources. Findings show that the tyranny of Qajar kings, princes, rulers, some of the clergy and their absolute tyranny, lack of legal judicial system, use of inhumane punishments to prevent the recurrence of crime and the example of others, various punishments for personal gain, formed the nature of the Qajar judicial system . Despite various efforts to reform the judicial and legal structure that began during the presidency of Amir Kabir during the reign of Nasser al-Din Shah and was linked to the Constitutional Revolution, the situation continued until the end of the Qajar period with ups and downs.

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.

Marriage, like any contract, has conditions that the parties agree on their existence and observance. Marriage is based on honesty more than any other covenant. However, after the occurrence of the contract, it is observed that in some cases, despite the agreements made, the opposite is discovered. The discovery of wrongdoing in a marriage contract has rulings that are very important for the couple to know and the legislative and judicial system. It is descriptive, analytical and inferential. Collection of materials is library method.  The discovery of falsehood after the marriage, as the case may be, has the following broad effects and rulings: annulment, annulment of the marriage with the sanctity of the next marriage (permanent or temporary), termination of the marriage, compulsion to fulfill the obligation, continuation of life Separation of residence, compensation, wife's request for divorce, non-influence of the contract, right to annul the marriage, punishment, enforcement of divine limits, prohibition of continued.

Increasing the use of deprivation of liberty due to the failure to reduce and prevent recidivism, has led to problems and pressures on criminal policymakers, and in line with the policy of imprisonment, today, alternatives to imprisonment have become common and in most legal systems to prevent recurrence. Crime Alternatives to imprisonment are used. The Iranian legislature has also taken steps in this direction, considering the provision of this type of punishment in the Islamic Penal Code of 1392. 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, because crime is a social phenomenon and a product of society.

The subject of this article is related to the effect of alternative punishments to imprisonment in preventing recidivism in Bushehr city, which has been written with the aim of investigating the role of such punishments in reducing and preventing recidivism.

The findings indicate that: the implementation of alternative punishments to imprisonment not only reduces the criminal population of prisons and efforts to eliminate the objections to imprisonment, but also, Due to preventing the perpetrator from entering the criminal environment and atmosphere of the prison, as well as preventing the labeling of a criminal, he can have a special place in preventing the recurrence of the crime. Alternatives to imprisonment are appropriate tools to address the disadvantages of imprisonment and are effective in preventing recurrence of crime.

This analytical-descriptive research work intends to clarify anthropological criminology in the area of initial victimology in Qisas (retaliation) punishment with an emphasis on Imam Khomeini’s views. The paper clarifies resorting to rational choice and victim precipitation theory, rule of action and instigation, greater contribution of perpetrator than accessory under certain circumstances stipulated in religious rules, and victimization of passive, faultless and instigating victims in view of Imam Khomeini. Depending upon an intention to commit a crime, murder without Qisas punishment, unprotected outlaw, be it absolute or relative, such as right of self-defense, killing wife in other man’s bed, father-child incest, consent of the victim in murder case, lack of equality between delinquent and victim in view of reason and religion are all effective in victimization in Qisas. The difference between Auguste Comte’s anthropological criminology and theological views in Imamiya and Islamic jurisprudence, reflected in Imam Khomeini’s views, lies in mere determinism and empiricism where Comte considers man a one-dimensional creature while Islam focuses on religious anthropology and says Quran and traditions are compendiums of knowledge and the Imams from among men are infallible.

The principle of innocence requires that individuals be presumed innocent on suspicion of guilt and sentenced only if, beyond any doubt, the conscience of the judge is satisfied that the accused has committed a crime. This approach, which is consistent with the punitive function of punishment, makes it more difficult to prove guilt and inadvertently opens the door to escape from conviction and punishment, making it impossible to achieve the goals of intimidation and prevention.

In the present study, which has been done by descriptive method and in a library method, it has been shown that there is a logical relationship between the criterion of proof and the purposes of punishment.

The stricter the evidence for a crime based on this criterion, the less intimidation is achieved, and the simpler the possibility of criminal convictions, the lower the penalty. The principle of innocence or the criterion of conviction, beyond reasonable doubt, has become a slogan, and the legislative and judicial policies of countries have moved towards simplifying the proof of guilt. Increasing criminality in the field of material crimes, merely assuming the elements of the crime, standardizing the result instead of the material element, criminalizing unintentional crimes and predicting organized crime, and assuming the guilt of the proceeds, an.

The aim of this study is to identify and compare the thematic trends of crime prevention concepts in the three time periods before 2001, Eighties (2001-2010), nineties (2011-2019).

Methodology: 

This research is a scientometric study. Vocabulary analysis and strategic diagram have been done. The research population is 7910 scientific products in the field of crime prevention.

The most important keywords in this area are crime, punishment, criminal, city. The keywords of the 80's (second period) have been 60% different compared to before 2001 and the keywords of the 90's (third period) compared to the 80's (second period) have changed 79%. The most important keywords before 2001 are crime, punishment and delinquency. The most important keywords of the eighties are crime, punishment and criminal, and the most important keywords of the nineties are crime, city and punishment. The overall result of three decades confirms that research in this field before 2001 has a legal approach and sometimes translates and localizes legal knowledge abroad. In the eighties, research has been done more with a sociological approach and cyberspace, and in the nineties, research in the eighties has been analyzed in a more specialized way. The main clusters in this area are crime, mitigation of punishment, crime of conflict of laws, cyberspace, government and citizen security, which can be seen in both mature legal and cultural judicial approaches. General approach Until the eighties, the legal nature of the judiciary, in the eighties and nineties, the rise of socio-cultural nature has grown.

Marriages are in the two forms of stewardship and advocacy, which in most cases marriages are advocacy marriages. Viduity is a certain period that the woman wait and is not allowed to get married until the period pass. Sometimes, getting married in the viduity period causes the couples to separate and immortally forbid the woman to marry the man that it can create irrecoverable emotional damages among the couples. The present research aimed to investigate the immortal prohibition of marriage in the viduity period and propose a solution to remove this prohibition; thus, while adhering to the jurisprudential standards, the removal of the obligatory and status prohibition of marriage in the viduity period was reviewed with studying narrative documents. According to the results, because most of the marriages are advocacy marriages and on the basis of juridical rule named "Aloghoud tabea lelghosoud", in advocacy marriages, where the couples want to get married in a right manner not in a corrupt manner but such marriages do not happen, the couples can get married to each other again after the viduity period.

Increase of government control in economic affairs is an appropriate setting  for administrative and economic corruption among governmental  workers and an important factor in government employees’ crime hype. Criminal policy in its difficult meaning is based on criminal tools and in the expanded meaning it is based on non-criminal and preventive tools. Iran’s criminal policy makers in the legislative, judicial and executive areas are trying to control and reduce the these crime rates through taking reactive measures and codifying different criminal laws and even intensifying the punishment of the perpetrators of economic and white collar crimes, but the increase in the statistics of administrative corruption shows the failure of these policies. In this research, Iran’s criminal policy approach is reviewed in terms of legislative and judicial aspects towards the white collar crimes so that the weak points and causes of failure of the criminal policy are clarified. It seems that the solution to succeed in the criminal policy towards government employees is a change in the punishment-centric approach to the scientific and preventive approach. Taking a criminal policy based on crime preventive measures, eliminating the setting of crime perpetration with the help of criminology science and making more use of non-criminal responses towards white collar crimes can play an important role in the control and reduction of these kinds of crimes.

Hodud punishment is one of the most complete penal laws in Islam in line with realization of penal justice. There should be a strong and secure sanction for realization of Hodud, otherwise the society, and consequently justice, will be at risk. The need for implementing Hodud punishment is an indisputable fact and a requirement for the post of Vali-ye Faqih or Guardian Islamic Jurist who is in charge of implementing Islam’s penal precepts such as Hodud punishment in line with observing the rights of Allah, the rights of people and preventing violations of government laws. Following an analytical-descriptive approach, this paper intends to provide an appropriate answer to the question of whether Vali-ye Faqih holds the authority to make changes in Hodud punishment in Islamic government. A contemplation on the meaning of Vilayat indicates that the word is synonymous with Imamate in a Muslim society and thus it is not an expression of Divine precepts only. An examination of the rational and narrative reasoning with an emphasis on the narrations underlining the authority of Vali-ye Faqih in Islamic government in the absence of the Imam of the Time, will prove that upon expediency or any reason of important foundation Vali-e Faqih can reduce or moderate Hodud punishment

What is problematic is the nature of military crimes? And how they are distinguished from public crime. The answer may not be so difficult, and it can be said that military crime is one of the crimes that only the military can commit. But there are doubts about the military nature of some of the public crimes that the military may be accused of. It can be said that a military crime is the failure of the military to maintain discipline and the violation of its duties assigned to them due to their job. The purpose of this study is to analyze and identify specific military crimes from other general crimes in order to identify the competent authority investigating and determine the appropriate punishment for the crime committed.

This research is a library type and the method of collecting information was through taking notes, and collecting information from existing books, treatises and researches. 

The legislature divides the duties of the armed forces into two parts: military and civilian (including what they do as officers of the judiciary, etc.) Has set.

Juvenile delinquency of under nine years in terms of the impact of the separation of powers on their criminal responsibility are issues not addressed by the legislator. Article 11 of the Islamic Penal Code of 1391 deprives children of any criminal responsibility However, according to the aforementioned regulation, it can be said that attention to the special circumstances of the child negates any reaction against the child without considering his / her modification. What can be deduced from the discussion of the issues as a result is that although the legislator has made no distinction between the minorities. However, the discipline which is an effective factor in imposing criminal responsibility on the pre-adolescent child and also on the one hand the criminal development which is not necessarily achieved in all individuals with puberty And the need to prevent these people from committing a crime requires that they be educated and protected as a result of their father''s forced provincial status. Of course, correcting and rehabilitating a child should not be accompanied by violent acts, since the purpose of the child is not to find the victim of the crime. Rather, it is intended to correct and rehabilitate the delinquent child.

Prevention of crime means predicting, identifying and assessing the risk of crime and taking the necessary measures and measures to eliminate or reduce it, which has always been one of the most important concerns of legal systems, today constitutes one of the most important organs of criminal policy in countries. Undoubtedly, along with the judicial, executive and law enforcement agencies, but also, first of all, the legislative system by enacting efficient and effective laws, Especially in Iran and countries following the codified legal system, it can have a good impact on the prevention of crimes by criminalizing criminal acts and setting up a list of crimes and punishments and informing people about antisocial behaviors, and by mobilizing and directing the judicial and executive agencies to prevent the occurrence and prevalence of social harms. Today, the Achilles' heel of the Islamic Republic is the spread of corruption and crimes, and consequently the event of social damage, which has been geometrically exponential with the vast and easy access of cyberspace, its destructive and destructive effects are beyond imagination. In this research, we tried to investigate the role of law in crime prevention and social harm through critical analytical method.