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

The use of data and computer systems as the subject and means of committing a crime is one of the manifestations of the negative link between these technologies and criminal law. The purpose of this research is to identify the challenges of the Iranian police in the search and seizure of data and the system in the prevention and detection of crime. The current research is applied in terms of its purpose, and descriptive-analytical in terms of its type and in the category of qualitative research. By using library resources and interviews with university experts, data has been collected and analyzed by qualitative content analysis method. The findings indicate that the police faces challenges in the search and seizure of data and the system with two types of challenges including: The The challenges are in the field of protecting the privacy of individuals and in the field of legislative limitations and loopholes. Therefore, the elimination of legislative gaps in the field of privacy and police powers and their access to databases for the prevention and detection of crime are effective in solving the challenges of the police in inspecting and confiscating data and systems in Iran.

In this research, the importance of the principle of supervision and its examples in the executive bodies have been investigated with the aim of improving the administrative system. Government supervision started after the legalism movement and was born of libertarian ideas of the last few centuries. The introduction of supervision is to pay attention to the principle of the rule of law, as one of the important principles of public law, according to which all government forces and government activities must act according to the law so that agency institutions do not violate the rights of individuals.
In this article, in a theoretical way and using analytical and descriptive methods, to examine various examples of the principle of supervision, including the supervision of the recruitment, performance, training and promotion of human forces, which can affect the performance of executive bodies; we pay The main question is the necessity of monitoring and monitoring examples in executive bodies.
The main conclusion of the work is based on the fact that the principle of supervision in organizations has a strong deterrent role against administrative violations and supervision along with the guarantee of implementation is the most important method for implementing the goals of the administrative system, but this does not mean neglecting other methods and implementing a The mixed system for monitoring is a place for reflection according to the conditions of each society.

The main subject of present study is the limitation and prohibition of surveillance based on an jurisprudential approach. Meanwhile, the purpose of study is to show that surveillance  to elicit information about employees performance to build an ideal organization require to determine the red flags.The research is descriptive and analytical.Library method has been used.Ethical Considerations:In present study,the principles of text originality,honesty and trustworthiness have been observed. surveillance and inspection are related to the issue of dignity and reputation of the employees, therefore it is necessary to state Sharia rules,as well as the jurisprudential and ethical standards of surveillance correctly and  determine the boundaries and limits of surveillance and inspections. The jurisprudential requirements of organizational supervision and inspection can be corresponded in the foundations of economic jurisprudence, include" Nafye Sabil " rule( rejection of foreign influence) as well as Grace and Obligation rule to protect the country. The interference of these rules to determine. the jurisprudential requirements of surveillance and inspection is in such a way that ban on Sharia Law of spying and prohibition of others privacy invasion  including agencies and employees as well as prohibition of suspicion in the cases that lead to the denial of  domination of foreigners, assistance to  employees and guiding them towards the psychological and moral health as well as a higher expediency of country, have been removed.

The inspection of places, objects and people as a legal topic a very close relationship with the observance of the human rights society, and as a result the level of legal knowledge and awareness of science, and the officers would inspect and audit police towards the relevant rules and regulations (of which some have a contradiction and conflict together) and the amount of knowledge and awareness of community citizens are mutually relative to the rights of citizenship, the abundant care eligibility. In this regard, should also include a comment putting the necessity to promote legal knowledge police duties and powers they are also transparent and explicit book separating, as well as the relevant laws and regulations related to also somehow describe the brief and far from any ambiguity.

This paper has been done by analytical–descriptive method and the required information has been gathered by a library method. The research findings The role of the police in respecting the rights of the citizen has an undeniable role, which should be considered by the police to pay attention to respect for the rights of citizens of the community. Familiarity with the works of this law on the police inspection of places, objects and people and the necessity of judicial authority or lack of necessary permission of the case and interpretation of the relevant legislation on this subject on the basis of relevant including the findings of the research.

The legislator, as well as the judiciary and law enforcement officials, should not hesitate to take any action in the pursuit of justice. The question with the correct legislation to require or create a suitable substrate and the day, and employing fluent in criminal law and criminology, and Islamic ethics, this action can be taken with respect to human dignity in relation to the parties to the dispute. Legislators should pass criminal laws, observe the equinox, it could approach thrust security legislation is not legal, so dominant that violate the rights of citizens and on the other hand, it is also not so overcome for the citizen approach that causes create uncertainty in the community, provide.

To protect the contractor who is unaware of the actual price, defects and characteristics of goods or services, the Law- of contracts- recognizes the right of termination of transaction. But a lack of awareness by the contracting party is sometimes due to ignorance or lack of careful inspection. Analyses of legal texts and doctrines indicate that ignorance of the contracting party does not eliminate the possibility of termination which means that the law is rewarding carelessness! However, keeping solidarity of transactions requires that the right of termination not be recognized, in cases where the contracting party does not reasonably examine the actual price, defects and/or characteristics of goods or services before entering into contract. Critically examining the jurisprudential texts and legal approaches of some European countries, the present study sheds light on the duty of the contracting party to investigation prior to entering a contract. Findings revealed that in the legal systems of France and Germany, in cases where the contracting party was able to observe and become aware of the defect, it is not possible to terminate the contract, while in English law the contractor's negligence will not necessarily deprive him/her of the right to claim deception and therefore to avoid the contract.

The General Inspection Organization is the equivalent of the Ombudsman in other countries which has a long history. Use of the term in its modern use began in Sweden that has been used for hundreds of years in Europe, the United States and other parts of the world to detect corruption and inspect government departments. The General Inspection Organization after ratification of the Constitution in 1979 has been placed under the judicial branch. To carry out effective and operative supervision, the ombudsman should entail special tools. The ombudsman must have the financial and organizational independence of the institutions that are being inspected. It is necessary to use specialists in different fields. There should be precise rules to ensure the independence, impartiality and effectiveness of the inspection report. The main question of this article is: What is the status of the General Inspection Organization in comparison with the standards of the institution of ombudsman? To analyze this question, first, the institution of ombudsman is examined and then it is compared with the laws and regulations of the General Inspection Organization. The research method in this article is descriptive and the method for collecting data is based on library research.

One of the most important issues in criminal law and in the process of criminal proceedings and an important part of the preliminary investigation is the search of places and houses or devices or persons mentioned in the fifth chapter of the Code of Criminal Procedure 92. Home searches are closely linked to privacy and freedom of the individual. Therefore, by examining the exact meaning of the inspection and its scope in criminal law, it can be said that the inspection also has jurisprudential support in jurisprudential arguments. While examining privacy in jurisprudential arguments, ie in the Holy Quran, the tradition and reason and law, and dividing privacy into examples such as physical privacy, information, communication, and homes and places, it is concluded that Imami jurisprudence emphasizes maintaining respect. The privacy of individuals is subject to certain criteria for inspection, including the Code of Criminal Procedure and the Constitution and other laws that emphasize the protection of the rights and freedoms of individuals, including their privacy. The principle in the preliminary investigation of crimes is that the privacy of individuals be respected, and on the other hand, the search warrant allows investigators to invade certain homes and places that are considered the privacy of individuals, but the Code of Criminal Procedure, search and inspection It is permissible when it is more important than the rights of individuals such as privacy and individual freedoms, because in jurisprudential arguments, the preservation of human dignity, the prohibition of spying and the prohibition of disclosure of secrets refer to the privacy of individuals. Therefore, in this research, we try to explain the limits and scope of the inspection and also to study the jurisprudential principles of the it.

The National Inspection Organization of the country, according to the Constitution, the Law on Crime Prevention, the Law on the Establishment of the National Inspection Organization, must take action to prevent the occurrence of crime. In this regard, the organization can fulfill its task by taking advantage of the findings of situational prevention, criminal prevention and social prevention. In order to prevent the situation, the organization can put continuous monitoring, creating and optimizing the trading monitoring system, controlling the assets of officials and officials on the agenda. In the field of criminal prevention, important measures such as initiating prosecution, issuing a security order and, if necessary, protesting against the issued votes, are within the authority of the organization. Social prevention of crime is provided by the organization through the teaching of organizational culture, the promotion of public culture through education and the use of the role of the media and interaction with non-governmental organizations and other executive bodies.

The present study is an applied research in terms of purpose and utilized a descriptive-analytical methodology. Data collected and analyzed using library resources.

Among the types of prevention, criminal prevention cannot be commensurate with the goals and objectives of the organization, but in order to achieve criminal prevention of crime, especially in the prosecution and criminal prosecution of the organization plays a significant role. It plays. According to the findings of this study, the National Inspection Agency, in order to perform its crime prevention tasks, the best solution is to prevent the situation. The organization can make good use of some of the twenty-five techniques of situational prevention, especially techniques to increase effort, risk the crime scene, and reduce the proceeds of crime. Regular inspections, special inspections, mandatory registration of government transactions in the transaction monitoring system, control of the assets of officials and officials are the most important measures that the organization can take in this regard.

In Iranian legal system investment bank including the financial institutions, is subject to paragraph 1 of article 21 of the market law, which provides a variety of financial services in the capital market. This company is the most complete form of financial institution, that is, it is able to provide the total services that other financial institutions provide in accordance with Article 28 of the same, the law of operation is under the supervision of the organization. And public assemblies, managers, inspector-auditor and specialized committees of the company are required to observe and enforce the laws and regulations. After obtaining a license to establish and issue a license, the company will start legal life according to the laws and regulations and is governed by the Statute of the Securities and Exchange Organization approved by the Joint Stock Company or by a public corporation , Therefore, it was necessary to review and review the system of inspections of commercial companies in accordance with the general rules of commercial companies in the Commercial Code, the amending bill and other laws and regulations related to capital market law. Considering the significant impact of investment banks on the supervision of these companies in accordance with existing laws, in addition to the customary internal inspection system in stock companies, several regulations have been approved by the Stock Exchange and In the same direction, the investment bank is required to submit to the organization periodic reports of specific issues in due time that along with these reports, the Securities and Exchange Organization also monitors the activities of investment bank through its inspectors. In addition, the central bank has been trying in many ways to oversee investment banks In order to prevent banks from entering the field of business and finance, making banks and credit institutions more attractive, banks are required to sell their shares in investment banks.

The Principle of supervision in public affairs by looking at Islamic teachingsContrary to popular imagination, In Islamic teachings, the principle is based on the assumption of non-benevolence. Acceptance of the principle of supervision in public affairs, can become the Origin of Transformation in Criminal Policies in Organizations. sovereignty in the real fight against corruption is possible with proper but the subject of this research is the principle of supervision. In the social life, principles, such as authenticity, the principle of innocence and the principle of the purity and innocence of the community of people governs every crime and sin unless proved otherwise. Accordingly, the principle is based on the lack of investigation and overthrow of the affairs of others as a Quranic principle. Generally, it is believed that in the criminal policy of Islam, the principle of piety is everywhere dominant. And in public affairs, the transfer of affairs to qualified persons and pious will be tolerated.

In Iranian legal system investment bank including the financial institutions, is subject to paragraph 1 of article 21 of the market law, which provides a variety of financial services in the capital market. This company is the most complete form of financial institution, that is, it is able to provide the total services that other financial institutions provide in accordance with Article 28 of the same, the law of operation is under the supervision of the organization. And public assemblies, managers, inspector-auditor and specialized committees of the company are required to observe and enforce the laws and regulations. After obtaining a license to establish and issue a license, the company will start legal life according to the laws and regulations and is governed by the Statute of the Securities and Exchange Organization approved by the Joint Stock Company or by a public corporation , Therefore, it was necessary to review and review the system of inspections of commercial companies in accordance with the general rules of commercial companies in the Commercial Code, the amending bill and other laws and regulations related to capital market law. Considering the significant impact of investment banks on the supervision of these companies in accordance with existing laws, in addition to the customary internal inspection system in stock companies, several regulations have been approved by the Stock Exchange and In the same direction, the investment bank is required to submit to the organization periodic reports of specific issues in due time that along with these reports, the Securities and Exchange Organization also monitors the activities of investment bank through its inspectors. In addition, the central bank has been trying in many ways to oversee investment banks In order to prevent banks from entering the field of business and finance, making banks and credit institutions more attractive, banks are required to sell their shares in investment banks.

The typically covered prison’s nature in the one side,and in the perspective of authorities of these settings,insignificance or at least being low importance of people held within there in other side,creates some type of sense of immunity that sometimes expose the basic rights of detainees in an irrecoverable risk.Lack of an independent mechanism of oversight of prison/custody as well as inmates’ complaints,led to expansion of natural tendency of these settings to remain at anonymity and non-transparency.On the contrary,trying for transparency and accountability of prisons’ authorities through regular & independent oversight of their treatment with detainees, decrease the risk of power misuse in this settings,use of force within them (sometimes in serious and even fatal degree),Sense of immunity and being immune of punishment and guarantee the basic rights of who deprive of their liberty.In prison system of Iran,despite of some efforts for oversight of detention settings,most acts stayed at a level of within-system oversight and in fact had also been done in a reactive not active or regular manner,generally after media disclosing of some event within them,in response to public opinion and after numerous formality and most degree of restrictions.Using the related sources about oversight of prison/custody and inspection of them,this paper meanwhile examining the international standards in these issues,studies the challenges and solutions of US and UK tries to along with examining the accepted mechanism in Iranian prison system tries to analyse the content of documents and formal discourse in these issues,examine the applying of these mechanism in fact.

One of the actions that judicial authorities are conducting in preliminary investigations is the issuance of an inspection order for homes, places and individuals. Implementation of these orders may in certain cases contradicts individual rights and freedoms, and in particular the privacy of individuals. In this regard, the main question of the research is that what evolutions has the Inspection of Places, Objects and Persons in terms of foundation and practice and are these developments critical? After a comparative review on the criteria of inspection and its method in the Code of Criminal Procedure 1392 and French Penal Code one can conclude that in the Code of Criminal Procedure 1392, a more appropriate approach has been taken to protect the rights of individuals. In this way, by clarifying and introducing new regulations, the way to abusive authority has minimized. Existence of a criminal enforcement and legislating law enforcement will largely guarantee the accuracy of the investigation, but the Iranian legislator must, like France legislator, in case of violation of the inspection rules provides invalidation of investigations, even though some of our judges have adopted the same procedure referring to article 36 Code of Criminal Procedure. In this regard, French law can be taken into consideration and during the pilot period of the Code of Criminal Procedure 1392, the legislator may take it to account that existing laws must be reviewed to provide a solution in any area where deficiencies exist

Supporting the right of privacy is one of the functions of criminal procedure. One of the aspects of this right is vehicle search.American legal system has not extended full protection to the automobiles.The rational for decreased protection is twofold. First, due to the mobile nature of automobiles, evidence can be disappeared or destroyed quickly.Second, automobiles are used on the public roads where their occupants are visible to the public. A vehicle may be searched if a police has reasonable suspicion. The vehicle search at serious crimes or exigent circumstances is possible without a warrant under legal conditions.The fundamental criteria according to Iranian criminal procedure to search are based on crimes that are divided in to two types: obvious and non-obvious. Only in obvious crimes without any warrant the search has been permitted. On the other hand,considerable and accurate rules to search passengers’ vehicle and scope of the search of the vehicle in the Iranian criminal procedure has not been predicted, therefore,this action will invade the persons’ rights. Obtaining a search warrant is a fundamental principle. At this article we are going to study the allowable search situation and rules governing the serach and inspection.

Considering the right to privacy or the privacy of individuals is one of the prominent human rights in any society. One of the action in that will be considered as a violation of privacy is “search and inspection”. Given the exceptional nature of this action, it is essential to determine the boundaries of this action in the rules of criminal procedure. According to the principle of “non-entry into the privacy of the persons” and the absolute lack of this right, justice system in both Iran and America, in addition to guaranteeing this right, in order to provide public order and interests, they explained the license ways to restrict such. In both the judicial system, inspection and search, subject to the permission of the judicial authority, except in cases of necessity, such as in an obvious crime. However in America’s legal system in addition to the obvious crimes, for clear and immediate danger when the police authorities have the right to inspect and search. In the America’s legal system, contrary to Iranian law, clear rules for search and inspection of vehicles allocated. One of the distinctive aspects of the American legal system in this context is not only related to past crimes and evidence inspection, but also by assigning special arrangements such as the search and expected or pre-emptive inspection to discover the crime. On the other hand, in both the legal system, appropriate guarantees, such as criminal and civil enforcement are dedicated. However, in America’s legal system exclusionary rule has dedicated. This matter act as an essential step in ensuring that the rules and hearing procedures is proceeding.