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

Administrative corruption is a global problem and the biggest obstacle to reform and progress in any country. Administrative corruption which is rooted in the administrative system and the administration of government affairs is a problem plaguing most of the developed and developing societies. This kind of corruption becomes more apparent with the forward movement of societies and causes disruptions in the development process. Administrative corruption is considered one of the chronic diseases and the oldest injury of the administrative system because it is a cognate phenomenon of the government. As long as human activities take an organized form, administrative corruption emerges as a result of internal interactions with the environment. Since the most important political capital of governments is the people’s trust in rulers and all kinds of corruption, especially administrative ones, undermines this trust, it is an undeniable necessity to deal with corruption in the administrative field. This paper adapts Iran’s administrative organizations to the samples of administrative corruption in Islam and its coping methods based on an analytical-descriptive research method. It also provides a comprehensive and systematic idea about the solutions to fight against administrative corruption based on the Islamic sources and related laws of the Islamic Republic of Iran, considering the place and importance of the government’s role in the material and afterlife excellence of human beings. Finally, it was concluded that according to Islamic sources, the prevalence of corruption in society has closed the path of many social and national developments and has put huge costs on the shoulders of the country and the people. We need basic programs in Iran to eliminate or reduce corruption in the administrative system and society.

Nowadays, legal experts have largely neglected economic corruption and its unpleasant impacts on stability and social security. Disordering the country's economic security, like other violations of law has various manifestations in terms of the unity and plurality of its perpetrators. But in recent years, the desire to commit economic corruption through the formation of gangs and criminal groups has increased to take advantage of hiding from the country's economic anti-sabotage system and consequently living for a long time, on one hand, and have been encouraged to the formation of family gangs in major economic corruptors due to the lack of sufficient trust in people who are not related to them on the other hand. This trend disrupts the economic stability of the country through illegal currency buying and carpeting, money laundering, fraud, smuggling, etc. Despite the repeated statements of the Supreme Leader about the need to protect the country's economic system against economic corruption, the legislators have not paid enough attention to comprehensive legislation to prevent damage to the country's economic order by abusive intra-family relationships. This neglect leads to the passive confrontation of the judicial structure with the formation of family gangs that cause economic corruption on a big scale. This legislative and judicial gap justifies the importance of conducting research concerning this issue.  In this regard, the main question of this research is what is the extent of the duties and powers of the Islamic ruler regarding eradicating economic imbalances facilitated through family relationships? This research uses the analytical-descriptive method and observes the actions of the legislative and judicial authorities to reform the legislative procedure and, as a result, issue judicial warranties aligned with the implementation of the general orders of the Supreme Leader to fight against economic corruption.

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 the conditions of the spread of the Covid-19 virus and the pervasiveness of the transformation of everyday affairs in the heart of societies and the emergence of a critical control with the onslaught of references in the cyberspace, the present research has investigated the impact of the Covid-19 pandemic on the number of cybercrimes and media literacy. The research method is applied in terms of its purpose and descriptive-survey in terms of execution method. The statistical population includes university professors, lawyers, judges, lawyers, and IT experts in the year 1400-1401. The statistical sample was 90 people, which was selected from the society by stratified random sampling. We have also used the single-sample t statistic method to analyze the research hypotheses. In line with the investigation of the role of the covid-19 pandemic on increasing the level of media literacy and reducing cybercrimes, as well as the existence of a significant relationship between increasing media literacy and reducing the number of crimes in the cyber space, the results of the study show that the Covid-19 crisis has had a positive and significant effects in increasing the level of media literacy as well as the number of crimes. Despite the increase in media literacy, we are facing a slight increase in cybercrime, but in proportion to the amount of crowding of users in cyberspace and the number of crimes before the Covid-19 pandemic and during the pandemic, we can see a decrease in crimes.

By the end of 2020, the unknown and contagious COVID-19 virus had spread across the globe. Failure to follow health instructions and the ambiguity of the nature of the virus caused it to infect every single citizen in a short period of time and even lead to the death of vulnerable people. Nearly two years of experience in medical research and humanities findings show that in addition to the measures of government institutions, it is the people and civil society who can be very effective in breaking the chain of transmission, and with self-care, social oversight and collective responsibility Manage. However, improper performance of people in observing the necessary health instructions and care can, in addition to the criminal title of threat to public health (subject of Article 688 of the Islamic Penal Code adopted in 1375) and also the Act on the prevention of sexually transmitted diseases and infectious diseases approved in 1320, in some cases lead to death, disability, or benefit of other persons. It also leads to intentional, quasi-intentional or pure error, depending on the case. Government criminal policy by legislative, judicial, and executive methods alone is not effective in counteracting such criminal titles, and the components of participatory (comprehensive) criminal policy need to be expanded. In fact, the purpose of this study, which has been written in an analytical and descriptive way, is to find a significant answer to the question of the effectiveness and ineffectiveness of participatory criminal policy in controlling and combating the virus.  Participation as an effective and efficient method in today's difficult campaigns such as Corona.  As a rule, the hypothesis of this research that the effectiveness of these components has been proved in the following and can be implemented by taking measures at different levels of government and people. Therefore, the application of this research can be hoped to eliminate the damage of Covid virus 19 and prevent, control and deal with its spread and contagion.

Nowadays, with the migration of crimes to the cyberspace, internet fraud is one of the most problematic crimes. The police can proactively and proactively deal with the spectrum of unsafe, criminal and disorderly events and trends. The purpose of the research is to explain and research the internet fraud based on the cases filed in Lorestan province.

In terms of purpose, this research is practical and in terms of data collection method, it is qualitative research with a future research approach. The statistical population of the research is the total number of internet fraud cases in Lorestan province during the years 2018 to 2022. Data collection was done by documentary method and then using a focus group of 10 people consisting of elites and experts with at least 15 years of managerial and executive experience in the field of computer crime prevention. The data was analyzed by trend research method.

It indicates that the trend of internet fraud has been on the rise in the studied years and the most common type of crime is phishing. Most of the criminals are between 18 and 30 years old and male. On the other hand, most of the victims of crime are women and the elderly. The trend of discovery is upward, so that more than 91% of internet frauds are discovered. Also, the highest proportion of discoveries is related to the years 2021 and 2022..

By reviewing the available statistics and evidence, it is predicted that the trend of internet fraud will increase rapidly in the future. Teaching new technologies and raising people's awareness of fraud tricks and tricks, especially for women and the elderly, as well as using trusted sites, are effective factors in preventing internet fraud.

Money laundering takes place in a complex operation. Because illegal proceeds are usually in the form of cash, it is necessary to move this cash into the financial system or across borders. The main goal is to obscure the source and nature of the desired wealth. Many countries have implemented rules to prevent money laundering in accepting cash from customers in banks. The significant developments that have occurred due to the emergence of electronic money and electronic banking in the global monetary and banking system have created a new challenge in the field of anti-money laundering regulations and bylaws, which in turn necessitates extensive revision of these measures and measures. has caused. In this article, the main goal is to identify patterns and solutions that are in line with this necessity. In line with this goal, by using the descriptive-analytical method and studying related books, articles and publications, after explaining the nature of electronic money, its effects on the criminal process of money laundering are discussed and investigated.

SummaryToday examining the principles and basis of crime survey based on criminal statistics is a quantitative method of crime prevention in cyber spaces. Which exists as the black figure of crime, the use of survey methods (victim-oriented survey and offender-oriented survey) has been identified as a model at the national and international level and plays an important role in the criminal policy of countries in the prevention of cyberspace crimes. In terms of practical purpose and in terms of the type of research, this is a descriptive-analytical research that was collected and analyzed using library sources. There are effective solutions in this field, and the use of survey methods in the thinking and criminal policy of each country is very important, and the implementation of a well-considered, efficient and preventive criminal policy, which is one of the concerns of the statesmen in the implementation of security and justice, helps a lot and reduces the crime rate. In cyberspace, which is an unknown world, it helps a lot. The results of this study show that survey principles can reduce the attraction of targets in the cyber environment by using the teachings of cyber criminology and various social and situational preventions through public education. and other regulatory measures to deal with and prevent in the cyberspace, and the survey of crimes as a knowledge about the type of crime, the number of crimes, the age, gender, and judicial records of cybercriminals gives useful information.

Today, administrative and economic corruption is one of the challenges of society and the administrative and political system of Iran. At the same time, in the statement of the second step of the Islamic Revolution, the Supreme Leader outlined the requirements for the realization of this great ideal, in line with the realization of the new Islamic civilization. In the present paper, an attempt has been made to investigate the importance of the approach of the statement of the second step of the Islamic Revolution to economic and administrative corruption and the mechanisms of its prevention in Iran's criminal law. The present paper is descriptive and analytical using the library method. The results of the study show that the declaration of the second step of the Islamic revolution in its fourth recommendation considers justice and the fight against corruption to be necessary for each other and considers the lack of political and economic health as a factor affecting the legitimacy of the system. From the point of view of the statement of the second step, justice and the fight against corruption can be given serious attention as one of the clear bases for the planning of the executive officials to fulfill the demands of the leadership and take a step towards the creation of a new Islamic civilization. In addition, many laws have been established in criminal law to prevent economic and administrative corruption in criminal and non-criminal forms. Fines and imprisonment are among the most important examples of criminal prevention and supervision and efforts for economic privatization are among the most important non-criminal mechanisms for preventing economic and administrative corruption. Indeed, the existing laws need to be revised due to fragmentation.

This Research Aims to Evaluate the Role and Performance of Formal and Informal Social Organizations in the Prevention of Recidivism with an Emphasis on Social rehabilitation programs for criminals in the prison environment. The findings of this Research Showed that the Implementation of International Norms as one of the Social Rehabilitation Programs in the Prison Eenvironment has not been Effective in Preventing the Recidivism of Criminals, Correctional Programs in the Prison as one of the Social Rehabilitation Programs in the Prison Environment, in the Prevention It has been Effective in the Recidivism of Criminals, the Assessment of Criminals as one of the Social Rehabilitation Programs in the Prison Environment has been Effective in Preventing the Recidivism of Criminals, the Pre-Release Programs and Measures as one of the Social Rehabilitation Programs in the Prison Environment, in In Order to Prevent Criminals from Repeating their Crimes, the Ranking of Social Rehabilitation Programs for Criminals in the Prison Environment in terms of Iimportance from the Point of view of Official and Unofficial Social Organizations are: 1. Evaluation of Criminals 2. Correctional Programs in Prison 3. Pre-release Programs and Measures 4. Implementation of Iinternational norms. The Performance of Formal and Informal Social Organizations in the Pprograms of Social Rehabilitation of Offenders in the Prison Environment is Rrelatively Favorable and in General, It can be Concluded that the Performance of Formal and Informal Social Organizations in the Programs of Social Rehabilitation of Ooffenders in the Prison Environment has not had much Strength and Intensity.

Today, with the increasing use of the Internet, it is used for various types of crimes, including stealing personal information, stealing money from users' bank accounts, spreading pornography, etc. Almost anyone who uses the Internet for personal gain can be a victim of cybercrime. Achieving any of these goals may make us become a victim of Internet crimes; The findings showed that digital currencies have characteristics that make them suitable options for money laundering and transferring illegal amounts. These currencies are hard to track and detect, their transactions are anonymous, their transfer costs are low, they are transferred without the need for an intermediary, they can be transferred from one country to another in a few minutes and into other digital currencies or even tangible assets. changed. The methods and techniques used by the police and regulatory bodies to deal with crimes are very important, but in order to optimize their techniques and get maximum results, they must first understand the concept of digital currencies and strengthen their basic knowledge in this field. Unfortunately, it is possible that senior police officials do not understand the necessity of training in this field as they should, due to the newness of the field of digital currencies. Due to the increasing use and popularity of digital currencies, law enforcement agencies should strive to hire elite experts and create specialized digital intelligence units. The detection of crimes in this area requires the evolution of law enforcement tools, training and strategies based on digital intelligence and data analysis.

Nowadays the cyberspace acts as a double-edged sword in all social realities and, therefore, it can be regarded either as an opportunity or as a threat. If the government does not follow a clear plan, it can easily distort its healthy and competitive environment in some special events such as elections. In this research we aim to take a documented and substantiated look at the issue with the purpose of helping in preventions of election crimes and damages. With a descriptive and analytical approach and through the documentary methodology by using library and internet data, in this article we seek to find an answer to the question of what is the role of cyberspace in the indirect management of elections and that how the election crimes and violations caused by the same could be countered with. According to the authors, the role of cyberspace in the hidden management with destructive approaches of election violations and crimes is undeniable and that the solutions such as: defining the cultural code of professional ethics of election campaigns in cyberspace, considering the time of the election as an aggravating factor of electoral crimes in cyberspace and, finally, the comprehensive election law and its consolidation for more accurate monitoring etc. are among the solutions to reduce such threats.

In recent years, various theories have been proposed in the field of crime prevention in order to reduce the amount of crimes in societies, by the thinkers of this field. The pattern and nature of delinquency depends on the age. This type of prevention prevents the risk factors that encourage a child or teenager to commit delinquency and strengthens the factors that support their healthy life in order to avoid incompatibility, deviance and criminal acts. prevented by them The mentioned factors can be considered both as a risk factor and as a prevention factor and as a basis for the development of children and adolescents in the Law on the Protection of Children and Adolescents, because growth-oriented prevention is used in a way specific to these ages, it led us to Let's look for fields of this type of prevention, which in Articles 1, 3, 6, 16, 32 of this law, the legislator's attention to it is clearly evident, also with the approval of the "Protection of Children and Adolescents" law in Iran and the "Dealing with Juvenile Violations" law. In Afghanistan, there are signs of the acceptance of a differential criminal policy in dealing with crimes against children and adolescents in the criminal law of Iran and Afghanistan, which has been referred to in the law of dealing with children's offenses in Afghanistan, although it is limited.

Understanding the personalities of perpetrators of violent crimes from the perspectives of psychologists and criminologists is one of the key research areas for exploring psychological studies of violent crimes within the criminal justice field. This study aims to investigate the role, application, and solutions of scientific psychology concerning individuals who commit violent crimes. The violence exhibited by offenders is a result of personality disorders, internal and external family issues, and the effects of power and wealth inequality in society. Through clinical psychology and criminal psychology, experts in this field can prevent recurrent aggression and work towards reconstructing the offender's personality to minimize aggression levels and reduce the number of aggressive individuals. Additionally, categorizing these offenders under anger management programs can assess their actions during the commission of the crime, determining punishments based on such assessments. Despite legislative measures and reform programs implemented by prison classification councils, aggressive violence in society has been on the rise, and reducing the criminal prison population (including the 1399-approved law on reducing punitive imprisonment) has proven ineffective.

Child marriage is one of the important issues related to children's rights, which is the subject of serious debate and disagreement. In the present paper, an attempt has been made to examine this important issue, what is the approach of jurisprudence regarding child marriage and what are the mechanisms of its prevention from the perspective of criminal law? This paper is descriptive and analytical and the mentioned question has been investigated using the library method. The results of the paper indicate that in jurisprudence, the marriage of children is accepted with the permission of the guardian and considering the best interest of the child and the absence of corruption. Although the legal age of marriage is 13 years for girls and 15 years for boys, in Iran's legal system, it is also possible to marry girls with the guardian permission. The most important mechanism to prevent child marriage is social prevention, including education and cultural promotion and awareness of parents, which is completely possible considering the condition of expediency and non-corruption. The growth of parents' awareness can create mental conditions in them that they have a more up-to-date and broader approach to the concept of children's expediency and are not willing to accept their children's marriage due to different social and cultural conditions. Because paying attention to the fact that reaching the physical and biological threshold (puberty and the start of menstruation) does not mean that a person is suitable for marriage and that children do not have the ability to analyze and evaluate a marriage and it leads to many negative consequences. In addition, it can influence the parents' view about child marriage.

Currently, the significant increase in financial crimes of government authorities is a serious threat to the public interest of the state, which causes irreparable damage to the strength of the basis of government. Therefore, the fight against financial crimes of goverment authorities is very importance. The most important effective ways to prevent the unjust and illicit possession of goverment authorities are to fight corruption and monitor the property and assets of public authorities. Financial crimes of goverment authorities have reduced government control over economic policies and weakened the state's economic security. The existence of financial corruption of government authorities indicates the malfunctioning of public institutions. Articles 8 and 20 of the UN Convention against Corruption ask on member states to increase honest and responsibility among their officials and to make it a criminal offense for to have the illegal property of a government authorities. The writers in the present article address the role of government institutions in preventing financial crimes and misappropriation of government authorities. Monitoring the property and assets of government authorities and goverment officials is an effective step towards improving administrative health, increasing public confidence in officials and improving Iran's position in the International Transparency Organization.The research method is descriptive-analytical and the library method has been used to collect the issues of the subject and by taking notes from the materials and analyzing the materials.

The murder of the testator by the heir in testamentary disposition (testament for disposition of personal property), while challenging and lacking in research background, raises the question of whether such a murder can deprive the legatee of taking possession of the bequest (legacy). Three jurisprudential views based on the investigations can be considered in this regard that the murder of the testator by the legatee has no effect on taking position of the legatee according to the famous view and the legatee is still the owner of the bequest (legacy). However, two other views, in a little detail, are based on the fact that murdering a testator by the legatee as in the case of inheritance would prevent the legatee from the bequest (legacy). The present article considers the famous theory acceptable by using a descriptive-analytical method and using library resources, while critically analyzing and evaluating the jurisprudential fundamentals of the proposed views and also considers the prevention of the legatee from the bequest more acceptable by arguing that on the one hand, no evidence that stipulates the prevention of murdering from testamentary disposition (testament for disposition of personal property) and the absoluteness of verses, traditions and principle as the main reason for the famous point of view, each of them can be undermined in some ways and does not have the authority to prove the famous point of view.

Tortious Liability has consequences that due to various reasons cannot be fully compensated in certain cases. Therefore, preventing this type of responsibility is the best way to deal with the damages caused by it. Although based on Iranian legal sources, it can be concluded that the prevention of non-contractual liability is a general duty, this has not been formulated as an independent theory so far, and this gap may have inappropriate effects. The purpose of this research is to study the possibility of providing "the theory of prevention of non-contractual liability based on jurisprudential and legal sources" as an independent theory in Iranian law. According to the results obtained, it is possible to identify this rule in Iranian law, and based on the available sources, by providing the theory of prevention of non-contractual liability, individuals can be required to take measures to prevent such liability. This prevention can be presented in two ways: that which concerns prevention of damage by the person who is doing the preventing and that which is related to compliance with regulations to prevent damage by others.Overall, it can be stated that Despite the fact that the prevention of civil liability has not been identified in Iranian law, this rule can be deduced from some jurisprudential provisions and sources, and there are useful bases and sources that can be relied on to identify this rule and appropriate regulations in the field of prevention. Imposed civil liability. The existing codified laws have distanced themselves from the institution of prevention by limiting themselves to the existing regulations and relying on traditional and unhelpful intimidation in the necessity of compensation. Although this issue is useful in compensating for past losses, it does not explain the main function of the government and individuals, which is to prevent losses and damages. The legal vacuum in the issue of prevention and the possibility of evading responsibility in the assumption of creation with new tools (insurance), liens and other cases that lead to non-compensation of damages (lack of proper judicial system, delay of proceedings, etc.) reduces the intimidation effect of compensation. Has been in some cases, losses occur and insurance companies pay, and as a result, even though the cause of loss, who must compensate for the loss, does not incur losses, the intimidation intended by the legislator is not created. In some cases, damages may remain uncompensated. Based on the results of this research, prevention is the best tool to support people in non-contractual liability. If this goal is achieved, the society will be healthier and people will be safer in their activities. Life is more secure and social rights are supported. As a result, legal problems will be reduced and referrals to courts will be reduced.

Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. embezzlement as one of the economic crimes that violates public trust towards the government has been recognized in various domestic and international documents throughout history. The objectives pursued in this research are to identify national bases and international public participation in the prevention of administrative corruption by emphasizing embezzlement and identifying their differences with each other. The results of the present research indicate that there are differences between the domestic and international anti-embezzlement frameworks, such as the lack of criminalization of embezzlement in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of embezzlement, lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against embezzlement in Iran's internal law, in contrast the regional to international nature of anti-embezzlement rights and the lack of guarantee of effective implementation at the international level to fight embezzlement

If there is no reward system based on effort, no change will happen and this is a reality in the field of research whose regulations suffer from gaps, abstractions and conflicts. In this situation, it is difficult to distinguish between permissible and illegal behavior. A situation that unintentionally puts a faculty member staff in the trap of violation. Although it is necessary to explanation of instances of violation and the legal response to them, but of this action is the introduction of the existing situation. In order to achieve the desired situation, it is necessary to create conditions so that the faculty member can benefit from a fair trial. In determining the instance of violation, comprehensiveness is required a violation should not be excluded from the circle of instances and obstruction creates a situation so that permissible behavior is excluded from the circle of violation. The desired result is: faculty member will not be condemned for behavior that is not really a violation of professional rules. In the proceedings, the presence of a judge or juristic in the disciplinary jury improves the situation. Abolition of the right to file a lawsuit and also the removal of two criminal and disciplinary titles for single behavior eliminates discrimination. In the legal response, the application of the specific punishment system and the principle of proportionality are measures in order to achieve a fair trial. The result of such a system is motivating that should be welcomed. In the meantime, paying special attention to training and considering the underlying behavior as a violation creates an ideal situation. The implementation of these arrangements will make the university a valuable opportunity to provide the interests of the society in the field of research