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

Social security is one of the most important demands of citizens from the government. This article seeks to examine the realization of social security in Iran's criminal policy against armed drug and psychotropic trafficking. This knowledge-word is understood in the absence of threat. Requirements for achieving social security in the fight against armed drug trafficking are constantly updating Iran's criminal policy approaches in this regard, considering how to respond to this crime in the light of social surveys and the fight against government crimes in the realm of responding to it. Cognitive subcultural conflicts, distrust of the capabilities of the criminal justice system, the growing fear of crime and its spread to armed drug trafficking, and the absolute execution of some citizens in drug crimes are the most important challenges of this goal. Strategies for managing these challenges include updating the fight against armed drug trafficking, raising public awareness of the dangers of crime, and managing fear of crime. Victory in this way has had constructive consequences with the globalization of criminology. This study has found that appropriate criminal policy against armed drug trafficking leads to a clear sustainability of social security. The focus of this reaction is also on how to issue and implement the death penalty for these perpetrators by looking at the views of public opinion in this regard.

The right to life is the leading natural human right which is respected in all legal systems. It is preliminary to the many rights which are basic to the human being and there are tight restrictions on the circumstances one might be deprived of it. Recruiting an analytical-critical approach, the present study is aimed at examining human rights documents to determine (a) the extent to which the right is cherished, (b) how "death penalty and abortion" is viewed, and finally (c) whether the documents adopt a consistent stance on the circumstances which lead to the deprivation of the right. Findings suggest that despite the highly restricting approach on death penalty, abortion is legally and rather generously accredited. Finally, it is maintained, such a paradoxical stance on the right to life- emanating from the liberal and feminist views- is in obvious opposition to both religious values and human rights standards.

With the approval of Article 45 of the amendment to the Anti-Narcotics Law in 2017 and the imposition of Ifsad fi al-arth for some drug crimes, an important change was made in the field of the death penalty in drug crimes. This change, which was made with the intention of eliminating and reducing executions, was a kind of expediency in accepting the suspicious jurisprudential Ifsad fi al-arth which, while changing the scope of strict criminal policy, has led to ambiguities and challenges. Primarily, the lawmaker has developed the scope of strict penal policy and execution though claiming he has decreased the punishment for the aforementioned crime. Secondly, the legislature has expanded the scope of the crime of Ifsad fi al-arth, which is a limited crime that does not comply with the rules of dare and Caution in issuing verdicts of death penalty, and with this interpretation, has made the abolition of the death penalty more difficult from a legal point of view. Thirdly, it seems that the inclusion of the verdict of Ifsad fi al-arth is not correct for all the clauses of the supplementary Article 45 of the amendment, and this adaptation can be justified only if the activity of the accused in the distribution and sale of narcotics is widespread and has led to corruption in society.

Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under which the death penalty is imposed is the issue of Hodud. Hudud are also punishments that are considered for some important sins, the type, amount and quality of which are determined by the holy shari'a in the book and tradition. Considering that after the Islamic Revolution, one of the sources of legislation in our country is jurisprudential books, in this article, we examine the jurisprudence and law, the basis and criteria for determining the death penalty for crimes subject to hadd, and on the one hand, comments Various and famous jurists are discussed and examined, and on the other hand, certain crimes subject to execution are investigated according to the Islamic Penal Code adopted in 2013.

Critics about Capital Punishment for Drug Related Crimes Have been among Biggest Critics of Non Governmental International Human Rights Organizations Against Our Country. However, the Laws of about Thirty Countries Containing Capital Punishment for Drug Related Crimes and Therefor a Comparison Study of These laws and Statistics about Drug Related Executions with Law and Related Executions in Iran, Can be Used as an Good Mean for Analyzing of Level of Neutrality in Opinions of International Human Rights NGOs in Relation to Iran. According to This and by Examining the Approach of These Human Rights Institutions, It Can be concluded That Mentioned institutions, Have Critical Opinions in Relation to Execution of Drug Criminals and so Their Critical Opinions about Islamic Republic of Iran Cannot be Considered as Exceptional and Discriminatory. However, It Seems that The Volume of Criticism against Iran, Because of Considerable Numbers of Drug Related Executions and Negative Propaganda against Iran, is Far More than Other Countries.

Regardless of the time, historical developments of the death penalty in America and Iran, is indicative two fundamental transformations in execution modes of the death penalty.On the one hand, capital punishment was removed from the public arena and went behind the prison walls and on the other hand, application of new methods of killing is considered by policy makers to reduce the risk of pain. Such alterations are typically attributed to achievements of penology, the primary task of which is to identify the most effective sanctions for criminals in order to better serve the purposes of punishment. Although the most studies of death penalty are carried out in penology area, these examination has an internal approach to criminal developments and these fundamental changes has nothing to do with society. But the sociology of punishment claims that better understanding punishment needs investigate the relationship the idea of punishment and other social phenomena and forces and trace its social roots. Punishment, which in criminal law is considered as state's response to violations of law, sociologically is studied as a phenomenon which must be explored in the broad context of community. In sociological study of punishment, as in other disciplines, different approaches to society could produce different analyzes of the criminal response. A Durkheimian structural and holistic view, perceives deep relationship between punishment and social values and refers to the effective role of community’ sensibilities in the developments of methods of penal practice. The Durkheimian perspective interprets punishment as a cultural pheromone. Roughly speaking, Norbert Elias's ideas of civilization process can be considered a kind in line with the Durkheimian theory. From Elias's point of view, evolution of individual sensitivities gave rise to transformation of culture and these developments can be clearly seen in the mirror of punishment. In sum, Durkheim's and Elias's ideas are “cultural explanations of punishment”. On the other hand, sociologists such as Michel Foucault and Max Weber, are not so optimistic about penal alterations. According to Weber, the scientific advancements, development of bureaucratic institutions, and the human distancing from spiritual values have led to instrumental rationality - the use of the instruments to achieve the highest benefit - in all aspects of social life, including the type of imposition of criminal sanctions. Thus, the method of executing of the death penalty is not the result of cultural developments; rather, these new methods are the result of the development of new technologies and distancing from the basic questions about the nature of punishment. In the same vein, Foucault argues that punishment is important part of more broad strategy power and social control. Accordingly, evolution in methods of punishments is indication of change in the form and content of discipline and control, and it should not be interpreted as humanization penal practices. Likewise. Foucault argues that modes of punishment did not change just because of the humanitarian concerns of reformists, the use of knowledge and technologies in modern methods of punishment are all in line with the preservation of power relations in modern society, which in turn masked the real aims of punishment. This recent analysis in the sociology of punishment is known as "punishments and technologies of power".

Drug trade has been threatening the human society for many years and the legislators of different countries are in search of the ways for prevention of drug trade and fight with drug traffickers. The legislature of the Islamic Republic of Iran has encountered that criminal matter by adopting an aggressive strategy and passing heavy penalties. One of the punishments enacted for such crimes is death penalty. There are some questions regarding the issue that comes to mind, like: is prescribing a heavy punishment like death penalty for drug crimes in conformity with Islamic jurisprudence? What are its jurisprudential bases? Is such enactment judicially justifiable? The writers analyze this way of legislating criminal law against the narcotic drug in this paper by exploring its legal-judicial grounds and intend to prove that drug trade is of the crimes that entail discretionary punishment. Imposing death sentence as it is pronounced by drug law has no strong jurisprudential support and needs some amendment.

Iran legal system like some other legal systems recognizes and applies the death penalty for drug-related offenses. On the other hand, many States have abolished the death penalty in their laws or practice or at least do not apply it in cases relating to drug-related offenses. So, the main question of this article is whether or not Iran’s criminal policy in this regard is compatible with international human rights norms. Present studies show that under international human rights law, especially under the International Covenant on Civil and Political Rights, the application of capital punishment, while not prohibited, is restricted in exceptional ways. The death penalty may be imposed only for the most serious crimes under some requirements. The studies show that drug-related offenses do not have exceptional feature and they are not an instance of “most serious crimes”, and so could not be subject to capital punishments. Thus, Iran has to abolish the death penalty for drug-related offenses in the light of its international and human rights obligations which would be more compatible with constitutional and Islamic foundations of its own legislation.

The objectives of punishment are deterrence, retribution, correction of criminals and protection of the society. The designers of statute of Nuremberg and Tokyo tribunals that after Second World War established among mentioned objectives was taken into consideration only retribution. While in resolutions of Security Council of United Nations for the establishment of international tribunals for the former Yugoslavia and Rwanda all the objectives of punishment are inferential. Death penalty has not been predicted in their statutes. The reason of this can be the ratify of international documents of human rights as ICCPR and the second optional protocol of it and ECHR and annex sixth protocol of it can be named. On the other hand it can be claimed that in spite of there is no consensus in the context of death penalty prohibition in international law but the ratification of international criminal court statute by a huge number of countries in the world especially the countries that death penalty has not been prohibited in their internal regulations, represents the influence of human rights law on international criminal courts statute. But the case that can effect the impact of human rights law on statute of the international criminal court, is the possibility of retrial toward the convicted person in international criminal court by national courts that still have kept execution in their laws, so by correcting article 20(2) of statute and changing the word “crimes” to “behavior’, we will not only witness observance of human rights law of ne bis in idem, But also Status of the human rights law in prohibition of the death penalty in the statute of international criminal court will be protected in the best way.

Undoubtedly, drug trafficking ,addiction and behavioral abnormalities caused by the use of these materials is considered one of the great problems of human society, especially in the current era. All human societies and most governments agree on that drugs and crime associated with it, have threatened human generation. Experts and analysts have no doubt that to solve the social problems, We need a continuous and comprehensive struggle from military, police and political dimensions to economic and cultural efforts. Obviously, every country, to deal with these criminal including the fight against drug crimes, follows its own ways ; of course, there are many similarities in the world. According to the Islamic Republic of Iran sensitivity to drugs and the complexity of its issues, jurisprudence and legal research in a variety of drugs and their crimes and punish is necessary. In the laws of Iran, one of the tools to deal with it , drugs and crime with it, is Severe and heavy punishments. The Death penalty and long term imprisonment are considered as examples of criminal prevention. Among these punishments, the death penalty is very important and sensitive. Because it ,among physical punishments against physical integrity, is the most severe of them. In this article, we will study the process of reducing or eliminating executions in drug crimes.

The oldest topics in international law are the deportation and extradition. After raised the new issues of human rights in the field of international law and to transform human statusininternational relations inpractice the issue ofdeportationand extradition are sometimes in conflict with European human rights concepteuropean court ofhuman rightsasalegal element of the europeanconvention onhuman rightsinitspractice tojudge the votesabout thesome oftheseconflicts. Based on, thepresent article influence of human rightsstatedin theEuropean conventionof human rightson theissue ofdeportationandextradition in the practice of the statesparties tothe convention has been studied according to theEuropean court ofhuman rightsvotes.

International Criminal Court, was established as a permanent international legal institution with especial jurisdiction to investigate and prosecute serious international crimes including genocide, crimes against humanity, war crimes and aggression, to prevent such crimes in the future. Despite the active role of the United States of America in the negotiations of the Rome Statute in 1998 and signing the Statute in 2000, it decided to suspend its signature of the Rome Statute on May 6, 2002 and informed the Secretary General of the United Nations that the US recognized no obligation towards the Rome Statute. This US position has been the basis of its internal and international measures regarding the Court. The US has criticized legal and political issues regarding the work and structure of the International Criminal Court.