جستجوی مقالات مرتبط با کلیدواژه « بازپروری » در نشریات گروه « فقه و حقوق »

Addiction is a global social problem, and so far, various solutions have been tried to solve it, which generally did not have a favorable result. Therefore, it seems that every society needs to implement its own program. The present research was conducted with the aim of identifying and prioritizing the components of drug addiction in Lorestan province.

The research method was thematic analysis. The studied population were drug addicts and quitters as well as their families, 64 samples were selected in a purposeful way. The method of data collection was also an in-depth interview. Data analysis was done using Ethrid-Sterling method, which is based on forming a network of themes and in Nvivo20 software. The validity of the research was achieved through the review of the results by experts and participants, and the reliability was achieved through the calculation of "intra-subject agreement" (88% similarity of codings by two independent coders)..

According to the results of identifying and prioritizing the components of drug addiction in Lorestan province, an overarching theme is "addiction addiction as an action", two organizing themes "the agency-oriented field of addiction" and "structure-oriented interventions of addiction", and 16 The basic theme including individual and family contexts, improved pattern, crime/pathology of addiction, prohibition mechanisms, rehabilitation institution, etc. were extracted.

By using Parsons' cybernetic control model, in order to achieve the goal of drug withdrawal and control in Iranian society, more attention should be paid to cultural components. Therefore, it is suggested that through cultural and socializing institutions such as family, school, media, etc., 1) Cultivation of addiction pathology (instead of criminalization), 2) Modeling of those who have recovered and 3) Institutionalization of norms.

Psychological punishments refer to pressures imposed on the criminals mentally criminals. While every form of punishment has psychological effects on the offender, psychological punishments specifically target the soul and spirit of criminals, excluding their body, property, or freedom. These punishments exhibit significant diversity and align with modern scientific findings. However, there is no notable research on this type of punishment, particularly within the context of the Islamic approach. Consequently, these forms of punishments have a limited presence in the criminal justice systems of Islamic countries, despite the life-guiding principles of Islam. This research, conducted through a descriptive-analytical method using library sources, indicates that, based on the sources of Islamic criminal policy, psychological punishments hold a significant place and play a crucial role in rehabilitating criminals and deterring them from committing further offenses. In essence, they offer a more cost-effective and beneficial approach, justifying their application in the present and future criminal policies of Islamic society.

Juvenile delinquency is a risk symptom for criminal resistance, and also demonstrates a social disintegration. Thus, rehabilitation of juvenile delinquents is one of the considerable issues of criminal justice policy. The main goal of criminal sanctions in the field of juvenile delinquency is correction and rehabilitation, and the correction and rehabilitation center is one of the instruments in order to achieve this goal. Furthermore, the goal of criminal justice measures is rehabilitation and social reintegration. Thus, it seems that imprisonment fails at realizing this goal, and even severe responses may result in a bias in their behavioral system. Juvenile delinquency is an occasional situation and many causes such as age sensitivities, psychological deficiencies, and unawareness contribute to the occurrence of such type of delinquency. Therefore, adopting secure and correctional measures as rehabilitative policy, in comparison to mere penal responses, has effective consequences. The present study by means of library research and descriptive-analytical methods explores rehabilitation-based social responses, and with a critical approach to Iranian legal system, and for the purpose of a more effective criminal policy vis a vis this group of delinquents offers some solutions.

In order to rehabilitate prisoners and develop sustainable and productive employment, while analyzing Article 174 of the Prisons Organization Regulations, in order to generalize the work of prisoners during imprisonment to after release, it is necessary to consider criteria regarding the individualization of the work of prisoners.The main concern in allocating jobs to prisoners has been to replace imprisonment and perhaps reduce the cost of keeping prisoners.But this issue has not helped the process of not committing crimes again.According to the new regulation of the prisons organization, the employment of prisoners is for the purpose of developing rehabilitation programs, reducing the harm of imprisonment, helping to meet the material and spiritual needs of the convicts and their families, and the self-sufficiency and self-employment of the prisoners, which should be proportionate to the individual abilities and talents of all prisoners. be providedThis research has been compiled and reported by descriptive analytical method, by using internet resources, information banks and library studies. The implementation of the provisions of this article requires a better familiarity with sustainable and preferably quick-yielding production jobs. It seems that the need to feel commitment and commitment to work can help to prevent the re-offending of the crime in addition to increasing the prosperity of national products.The result of this research will be the necessity of running a job opportunity management center with the approach of creating job search files for prisoners in order to implement Article 174 of the Prisons Organization Regulations.

The delinquency of children and adolescents is a declaration of incompatibility with society and a danger sign in terms of the possibility of their persistence in the criminal environment. For this reason, the rehabilitation of delinquent children and teenagers is one of the most important issues in criminal policy. The rulings against the freedom of children and teenagers are manifested in the form of keeping them in correctional centers. Therefore, the main purpose of applying the guarantee of criminal executions against the delinquency of children and adolescents is their correction, education and reintegration, and above all, the purpose of criminal justice measures is to rehabilitate and prepare the person to return to society. Therefore, it seems that imprisonment and convicting those who are deprived of their freedom cannot be effective in achieving this goal, and perhaps violent treatment may lead to right and wrong bias of their behavior system. Since children and teenagers usually happen to an accident or commit crimes and there are many factors such as psychological crimes, psychological weaknesses, lack of awareness, etc., in this disease, plant food is rehabilitative. Compared to criminal responses, it is more effective. In this article, using the library-documentary and descriptive/analytical method with the approach of Iran's legal system, it has been investigated the reactions of social reform, with the aim of supporting delinquent children and teenagers, and a model for efficient criminal policy for this group of Offenders will be provided.

The negative sentences of children and adolescents are released in the form of detention in a correctional center. As the title suggests, juveniles in conflict with the law are being held for the purpose of correcting and treating them. Therefore, it is completely in line with the primary and main goals of the criminal justice system for children and adolescents. The main purpose of enforcing enforcement and punishment in dealing with juvenile delinquency is to correct, educate and rehabilitate them, and above all, to try criminal justice measures to rehabilitate and prepare the individual to return to society. Rehabilitation of children and adolescents in conflict with the law is one of the most important issues in the criminal policy of a legal system. It should be considered through extra-legislative, legislative and sub-legislative regulations, according to future-oriented, reformist and education-oriented approaches, its decriminalization, so that on the one hand, children and adolescents are allowed to return to the family environment. And to be a community, and on the other hand, prevented various harms caused by committing crimes against them and the community. In the present article, using the library-documentary method and descriptive analysis, an attempt was made to examine the effects of the rehabilitation system approach with the aim of supporting children and adolescents in the Iranian legal system with emphasis on international documents.

The semi-liberal system is one of the innovations of the Islamic Penal Code of 1392, which has followed the changes in the criminal sciences in Western countries and in response to the shortcomings of imprisonment, has entered our country's criminal system. In this criminal institution, the convict spends some of his / her sentence outside the prison's harmful environment with the aim of accelerating the process of rehabilitation and correction, as well as reducing the adverse consequences of imprisonment. This penal institution, like other penal beneficial although imported institutions, , faces challenges despite all its constructive consequences. Legal challenges (lack of judicial procedure, ambiguity in enforcement, issuing authority, necessity or non-necessity of request by the convicted person, issuing authority, its connection with other penal institutions, dominance of criminal system imprisonment, less credibility to the criminal arbitrary institutions and also to exclude some crimes from the scope of this criminal institution) and the extrajudicial that is divided two categories of criminology (the challenge of the conventional functions of the criminal justice system and the post-release challenges of imprisonment in the semi-liberal system) as well as the executive (lack of efficient and credible manpower and tending to the imprisonment of judges) ought to deserve to be reminded. This research, which has been written using a descriptive method and using the first category of research resources, seeks to identify the most important challenges and offer appropriate solutions to them to the managers of the Iranian criminal justice system.

Rehabilitation has a long history. Undoubtedly, Martinson's work and the phrase "Nothing works “that emerged from his assessments of the concept of rehabilitation are important milestones in this history. The term has gained so much influence among criminologists and criminal policymakers that it may be unparalleled in the history of criminology. However, several evaluative studies have shown that the idea of "Nothing works" has been widely criticized in many ways. In this paper, we examine the methodological weaknesses of Martinson's research. Some of the rehabilitation programs that Martinson has addressed in his meta-analysis have been successful, and some of the rehabilitation programs he has described as "unsuccessful" programs have not been well funded. We then turn to the question of why, paradoxically, competitor traditions in criminology have come to a consensus of "Nothing works “and have highlighted it in an unwritten complicity and given it a mythical aspect. Finally, we focus on the political implications of this myth and its impact on the formation of the “Punitive Era” and strict policies. From the perspective of this paper, the literature on rehabilitation, despite all its failures and limitations, provides a fertile theoretical tradition that can be used to rethink and reconstruct rehabilitation. Any attempt to revive rehabilitation without this critical rethinking and theoretical reconstruction will fails.

From the 1970s to the beginning of the 21 Century, the Opponents of Correctional Criminology have tried to proper the inefficiency of this pattern, Creating conditions for redefining Thought of just desert. Return to punishment and emphasis on failure of correctional criminology, is the main idea in the Contemporary fans of punishment that generally they are tring to eliminate of criminology. This article shows that this theory has no valid basis and its approach more than criminal realism is imagination and philosophical mistake.This article shows that this theory has no valid basis and its approach more than criminal realism is imagination and philosophical mistake.

In Recent years, Juveniles Criminal Justice in many countries is under the influence of rehabilitation policies and attempts have been made to avoid harsh punishments. In Iranian criminal justice, this approach has led to new developments. In this regard, the fundamental question is that how much policymakers committed to the policy of rehabilitation children and juvenile offender? Qualitative content analysis of criminal law and nonparticipator observation (20 sessions) are used to answer that question. Results of research represent a confusion in sentencing process based on which rehabilitation model has not yet become the dominant model in this field. Sentencing based on severity of crime, emphasizing the custodial facilities(institutes) as the major sanction, lack of using evidence based sanctions, insignificance of rehabilitative and therapeutic aspects of sanctions and inadequate attention to community sentences and its shortcomings are some issues that shows weakness of rehabilitation idea. so it is necessary to use evidence based sentences, enrich theoretical approach and provide the implementation context for improving rehabilitative nature of juvenile sentencing

In any society, the legislature, in order to maintain order and maintain social life, has considered punishments that guarantee the implementation of the rules of each society. These punishments have goals. The holy law of Islam and Western law are no exception. In general, there are four goals for all legal or contractual punishments, which are: 1- Punishment 2- Deterrence 3- Rehabilitation 4- Disability In this article, with a descriptive analytical method, a comparative study of these four objectives in Western and Islamic law has been done. The purpose of this study is to clarify the dark angles of the causes of punishment in the human mind. Provides more Among the above-mentioned goals, punishment is a retrospective goal that does not pay attention to the future, so it is task-oriented, and the other three goals are forward-looking goals that do not pay attention to the past and are utilitarian. Although according to some, it is not possible to combine these goals in punishments, but it is possible in terms of prioritization and in terms of importance, and this important thing has been achieved by the Shari'a to such an extent that more than any other goal, punishment Society and support for the realization of restorative justice is given priority over other goals.

One of the important issues related to child and adolescent crime is the adoption of a response pattern that can generally be considered in the four types of restorative, criminal, estimated and rehabilitation. An attempt has been made to investigate the issue in the territory of the Iranian legal and judicial system using the field method. The methodology used in this study is qualitative and is based on the data base method. The statistical population is composed of a number of judges of justice in Mazandaran province, assistants of the Correctional Center and professors familiar with children's and adolescent rights. Samples were purposefully selected and interview was used in data collection. The data were analyzed in two parts: descriptive and inferential. The results of this study have shown that three types of response patterns namely criminal, restorative and rehabilitation patterns can be used in Iranian criminal policy regarding how juvenile and juvenile offenses are dealt with, but the estimated pattern is not relevant, but how the criminal justice system is treated. In juvenile and juvenile offenses in Mazandaran province it is sometimes maximized and sometimes minimized, so that at the level of judicial procedure of juvenile and juvenile courts in Mazandaran province more use of the two patterns of criminal response and rehabilitation according to the age of individuals can be made. Is identified and the use of the less restorative pattern observed in judicial verdicts has been.

Nowadays, rehabilitation is considered as a legal strategy in dealing with criminals in the criminal justice system and it has left significant positive effects; but the question is whether this approach can yield the same positive results in the face of perpetrators of serious crimes, such as terrorist crimes? After the 9/11 terrorist attacks, the attitude towards terrorism changed so that the United States used the word war to fight. A word that has brought with it a lot of problems, and brought a new challenge in international law and community. Because the war, according to international definitions, required its own circumstances and could not accommodate this struggle under its umbrella. In practice, terrorism has become to a security crime in the politics and law of countries, and this change in the nature has led to governments to introduce terrorism more than a crime. Terrorist criminals were excluded from the category of criminals, and the fight against terrorism became the primary policy of governments. In a legal analysis, it can be concluded that to convert to a security crime, means make more security for society. This point of view of social defense movement that knows a criminal as a patient, and pay attention to their reform, and in the school of realism that knows a criminal as a victim of physical and social factors offers moral responsibility instead of social responsibility and punishment instead of supply measures, has distanced. And again the classical view, or the idiom "orbit crime", has been taken into consideration. In this case, the perpetrator is a danger to others that has threatened the security of society. For this reason, securityism emphasizes to hard and disproportionate punishments with crime committed to control the danger has been created by the offender. Therefore, the terrorist criminals are the destructive security agents who suffer the most severe punishments because of the nature of their crime and the many incidents that have so far caused human society. Terrorists are people who feel alien at their community, which may be the result of different community situations such as economic, social, political and psychological conditions or a combination of these. As a result, they start protesting and revolt when they feel dissatisfy and alien, but because these revolts cannot quell their outrage, they eventually launch terrorist operations. The fight against terrorism in the shadow of the military tool has done in many forms to date. But the important point is that in this type of campaign, terrorism may soon be destroyed and its perpetrators eliminated, but the lifetime of this success is short and countries will fail in the long run. Whereas the use of rehabilitation tools on terrorist criminals is a new and useful strategy to counter terrorism that guarantees countries success in the long run, and so far it has been able to provide excellent stability and security in its implementing countries. Iran has experienced many terrorist incidents throughout its history, and as one of the active countries in the counter-terrorism has used different strategies in this struggle. As compared to Iran, Singapore has used of terrorist rehabilitation as a new strategy alongside other strategies in its counter-terrorism, and it has been able to prevent eventual attacks and the resulting damage so far. The present study, in the form of a qualitative research, and with use comparative research has investigated rehabilitation of terrorist offenders and it compared them to the conventional methods of counter-terrorism in Iran and Singapore. Finally, the findings of this study are as follows; despite the positive results of rehabilitation of terrorist criminals in Singapore, Iran has not used this method so far in its counter-terrorism. Due to the current situation in Iran, the need for this strategy is more evident than in the past.

Correctional approach to offenders defined as one of the utilitarian functions of punishments seeking to rehabilitate offenders. Helping offenders to return to the community and become law-abiding members of the community by the help of criminal law has been used following the effectiveness of criminology findings and the requirements and guidance of international instruments on criminal policymakers' decisions in this field. The Islamic Penal Code of 1392 is also influenced by the same approach. Recognizing criminologists’ assistances, engaging the clinical criminology findings, assuming emerging legal institutions such as suspension and alternative punishments, in addition to the development and evolution of previous correctional institutions envisaged in the former legislation, clearly indicate the determination of the legislator in pursuing correctional and rehabilitating policies in Iran criminal system. However, most such correctional measurements are not applicable in all crimes and can only be implemented in some offences with a low grade. In fact, while the legislator approach is appreciated, it is still concerning whether such correctional institutions can be implemented properly due to the necessity of provision of relevant infrastructure and facilities. This article studies the impacts of correctional and rehabilitating approach in both judicial and post-judicial stages within the context of the recent Islamic Penal Code and the Code of Criminal Procedure.

So that the judicial authorities should also crime and punishment, the offender and character, financial position, and in this regard special attention to the family or community punishment and in particular the call for non-criminal penalties alternative is paying special attention. The importance of this issue in paragraph 6 of Article 81 of the Law criminal prosecution 1958 France and Articles 40 to 95 of the penal code legislation was approved in 1392 is considered. This article is an attempt to establish the position of “non-criminal responses instead of answering criminal” has been done. If the decision is that the responses would be appropriate culture necessary measures to be carried out in the community and the courts.

Juvenile delinquency is a form of declaration of incompatibility with the community and a sign of danger in the possibility of their survival in a criminal abduction. The main purpose of applying the guarantees of execution and punishment in dealing with juvenile delinquency is to reform, educate and reconcile them and, above all, seek criminal justice measures to rehabilitate and prepare the person for returning to society. Therefore, it seems that the imprisonment and punishment of liberation cannot be effective in achieving these goals and that violent and violent attacks can lead to a proper and incorrect bias in their behavioral system. As a result, alternative prison sentences for juvenile offenses, influenced by the teachings of restorative justice, will be more than anything else. Penalties that are imposed by the court, with the participation of the public and civil society in the community, with regard to the offense of commission, the personality and criminal record of the offender, the frequency of committing the crime, the situation of the victim and the effects of the commission of the crime. Measures such as periods of care, residence, maintenance at the end of the week, electronic surveillance, free public services and advocacy institutions such as postponement of the sentence, quash, suspension of prosecution, file archiving, exemption from punishment, criminal mediation, suspension Penalties, the semiliberation system and probation freedoms allow the offender to compensate for the mistake of committing and harming the community and feeling responsible and efficient in society. Although it should be noted that excessive punishment for substitute imprisonment, regardless of the family context, environment of the life and economic conditions of an adolescent, is a kind of abandonment of his insecure circumstances in his life that led him to delinquency and now again It is in this environment that may result in serious and persistent criminal offenses; in such cases, the calm and discipline of keeping in the center of reform and education and training institutions are preferable to such actions. This paper examines the bases and types of alternatives to juvenile delinquency penalties and then explains the critical attitude of some enforcement instances and possible objections to the imposition of alternative prison sentences.

One calamity in liberal arts researches is a biased and even prejudiced attitude toward studied issues. The philosophy and reason of using penalty in Islamic laws is an issue not being protected fromsuch kind of attitude and it has even impeded some great penal law authors from a   rightconception on Islamic law and its purposes. In common law penal systems, penalty philosophy is based on two main attitudes: teleology and background orientation which represent their own strong arguments and basics in their theories. In contrary, in Islamic penal law, its major difference with common law penal systems is in its emphasis on modification and rehabilitation in this vein, special attention to   prevention and even predicting surrounding risks has distinguished this  system from other systems so that one can claim if Islamic commands  and guidelines are utilized  correctly will be no need to implement many   determined punishments.

Prison is one of the most commonly used tools for punishing criminals in the world. Imprisonment is a punishment that is used to deprive a person of his liberty. If costly criminal options like jail are used without limits, the cost of prosecution of criminals will be enormous. Hence, one way of solving this problem is to provide social penalties in the form of criminal penalties, so that the criminal system can gain popular support for these penalties. So the question of the present research is: what are the programs of cultural reform and treatment in Iranian prisons?

The present research is applied in terms of its purpose and its contents were compiled by a library method using books and articles written and translated.

Cultural programs in Iran’s prisons include a series of educational, ideological, artistic and physical education activities developed with the approach of regulating the behavior of prisoners.

With the development of international criminal law in the light of the establishment of military courts after World War II, international criminal tribunals for the former Yugoslavia and Rwanda, and subsequently the International Criminal court, various objectives were stated for the international criminal justice system that are beyond the traditional goals of punishment. In addition, a new concept of traditional goals is considered in international level. Recognition of these objectives is important because it will lead to better understanding of the system mechanisms and how they operate. It will also be clear that over the years, how international criminal tribunals have succeeded in achieving the stated objectives. Through investigating the aims of international criminal law in instruments and practice of international criminal tribunals, this paper has come up with the conclusion that traditional punishment goals have priority over other goals, such as recording history and post-conflict reconciliation, in the international criminal justice system, but the importance of them depends on stages of the criminal processes so that retribution and deterrence play a more significant role in sentencing as well as in the rehabilitation in the enforcement of punishment.