جستجوی مقالات مرتبط با کلیدواژه "non-criminal prevention" در نشریات گروه "فقه و حقوق"

Crime as a behavior that is in conflict with the basic norms of human society and is considered an antisocial, immoral or disruptive action has caused a reaction or response in society and at different times, the type and quality of responses has been evolved. Although the repressive, punitive or vengeful aspect of the response to crime has always prevailed, the deterrent aspect of punishment has always been one of the goals or reasons for formulating or enforcing criminal responses. Attention to deterrence aspect in the purposes of punishment, in religious teachings or laws with religious origin is also clearly considered. Crime prevention seeks to cure the incident before it occurs, and setting up action mechanisms by the community and those in charge to educate, train, empower and improve the quality of life along with preserving the dignity of the citizens is its main agenda. Religious teachings have a very high capacity in crime prevention, which in this article describes some of the principles of crime prevention in Islamic criminal policy with a focus on the jurisprudential views of Sunni religions. This research has been done with a descriptive-analytical method based on reviewing sources. Teachings such as Saddu Zarai, administrative health and generational preservation as a basis for prevention in the criminological concept have been studied.

In all human societies, according to the prevailing legal system, criminal or non-criminal measures are proposed as ways to deal with sexual crimes. In Islamic criminal law, unlike the legal systems in Western countries, sexual assault in the context of marital relations between couples, even if it is done without consent, is not considered an example of sexual assault, and the Islamic legislator has not considered such acts as a crime in a marriage. This is the case that in the West, intimacy with the spouse without consent and other examples of sexual violence with a milder degree are predicted and criminalized, and if the sexual act is performed despite the spouse's lack of consent, it is considered sexual assault in marital relations. Employing a descriptive-analytical method, the present study seeks to answer the problem of how the criminal policy of Islam and the West deal with the phenomenon of sexual assault, which is due to the lack of independent research in the study of this issue in a comparative manner. The results indicate that in both the Islamic and Western systems, significant measures have been adopted in relation to criminal prevention, howerver, in the criminal policy of Islam, in the field of non-criminal prevention, both in terms of social prevention measures and the situation regarding the establishment of rules such as the prohibitions on the secluded intimacy of non-mahram men and women and adornment, along with the encouragement to marriage and the prohibition of celibacy and strictness in marriage, maintaining the necessary distance between men and women in public, facilitating the areas of community participation in criminal response in the field of dealing with sexual assault, such as banning perverts or murdering a stranger in bed, or the mandatory sentence in defense of one's honor, in addition to the special rules regarding criminal prevention, such as the difficulty of proof, the prohibition of the spread of prostitution, and the public execution of the punishment for the purpose of setting an example, are among the measures that shows the superiority of the criminal system of Islam over the West.

Protection of disabled persons is one of the most important issues that have received little attention in Iran. It needs to organize the criminal law regarding the issue of the disabled persons. The legislator may consider criminal policy and non-criminal prevention has rules, but it considers the disabled persons to be the same as the elderly, sick and children, while the elderly and children are considered normal and disabled people. Disabled people have conditions that affect their normal life, either at birth or due to war, accident, etc and as a result, they can not response to crime and defense. They are not in suitable condition, and as a result, legislator should pay more attention to deal with crimes against them. From this point of view, the necessity of criminological attention can change the simple attention to criminal policy. From this point of view, aim of the article is to examine Iran's criminal policy in relation to the protection of the disabled persons, which was done in an analytical-descriptive way and in a library format. The criminal point of view and determining the punishment from a non-criminal point of view has many weaknesses but it should be noted that there are two points in the criminal system: one of which is expansion of criminal liability in relation to commission of crimes against the disabled persons and the type of crime committed and considering aggravating factors in improving the situation of disabled persons and preventing commitin of crimes against them.

Religious terrorism, in which personal and profitable deductions from religious instructions are supporting terroristic actions, has faced several types of amendment, precautionary and punitive responses. Meanwhile, other novel patterns have been applied against this crime but less analyzed. Therefore, according to the fact that a few mentioned patterns usage is not sufficient, using all these patterns simultaneously is needed. In contrast to the corrective and penal models, the novel pattern has been elevated in the form of being non-criminal variable preventation and its focuses on neutraliziation of effective factors in committing religious terrorism by implementing its mechanisms. Moreover, this model offered preventing communication approaches between endangered persons and effective factors in committing terrorism as well. This research is endeavoring to introduce the novel patterns which is encountering this sort of terrorism. This article will considers psychoanalytic analysis and criminal law in a mean time.

The fight against corruption has become a major concern of the international community in the last two decades. For this reason, governments have resorted to various methods to combat this phenomenon at the level of the international community and international documents. Among the rules for combating corruption, special attention has been paid to prevention, both criminal and non-criminal, as a criminal policy of global and regional organizations. Commitment to non-criminal prevention, obligations with binding and optional power are divided, most of the obligations of countries in the field of non-criminal prevention focus on institutionalization in the construction of domestic law. Given that the international obligations of governments are accepted and accepted by governments in various forms, how can the implementation and non-implementation of these international obligations be assessed? And if the commitments of the governments are not fulfilled, what is the guarantee of the fulfillment of these obligations and what will be the responsibility of the conflicting governments that have not created the capacity for prevention? Examining these commitments in the field of non-criminal prevention confirms that, firstly, the international community's approach to prevention is an effective tool for economic crimes, and secondly, governments in various documents have different obligations in the field of non-criminal prevention of corruption. .Can have international responsibility.