جستجوی مقالات مرتبط با کلیدواژه « rehabilitation » 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.

The bulk of criminal cases and the increase in the criminal and prison population is a fundamental and necessary issue in the criminal justice system, and it has negative social, political, economic, etc. consequences. In order to solve this problem, lawyers have suggested changing the path of less important cases from the path of criminal justice. This research was done with analytical-descriptive method and using library tools. The purpose of this article is to answer the question of what is the position of decriminalization in the criminal policy of Islam and Afghanistan. By following the jurisprudence and criminal law sources of Afghanistan, the conclusion is reached that in the criminal policy of Islam, in the stage of discovery, prosecution of the crime, sentencing and its execution, due to the legislator's importance to the principle of innocence and the emphasis on the forgiveness of the plaintiff, ignoring petty crime, rehabilitation, judgment, etc. have a special place. In the criminal law of Afghanistan, factors such as the passage of time, conditional release, suspension of the execution of the sentence, etc. prevent the criminal case from entering the formal investigation stage and even cause it to leave the judicial process. These mechanisms show the importance of decriminalization in Afghanistan's criminal policy.

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 main axis affecting the reduction of crimes and targeting the determination and execution of punishment is paying attention to the education of individuals, which can guarantee the realization of the rehabilitation of convicts, bind the criminal justice system to criminal studies and make criminal institutions more effective. In the present article, through field study and its combination with theoretical studies, an attempt has been made to provide a proposed model for determining the indicators affecting the correction and rehabilitation of convicts to imprisonment or social punishments in the form of training courses from the perspective of related institutions. Punish. Given the need to reduce recidivism and achieve the goals of sentencing convicts to punishment, the fundamental question is what is the status of implementation of education-oriented rules governing sentencing and what indicators can restore the position of correction and treatment of education? The statistical population of the study consists of two spectrums of 80 experts and 100 convicts. The collection of library information was in the form of receipt and field, the data collection tool was a researcher-made questionnaire, and consisted of several indicators, data analysis was performed using SPSS software version 19 and the reliability of the research was Cronbach's alpha was confirmed above. They are also considered as systematization of punishment.

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.

According to the article 25 of the Iranian Criminal Code which was ratified in 2013, the only criterion for determining of the accessory punishments has been encapsulated within the principle punishments of the committed crime. Regarding this fact that the individualization of punishments as a necessity in the criminal justice system, according to the absence of any Sharia obstacle, the fairness of engaging criminological and personal characteristics of the criminal in sentencing, considering the resocialization of the delinquent and the possibility of personality folder usage, it would be possible to use the abovementioned principle in the field of accessory punishments.Through an analytical-critical method, the current research aims at challenging the rules governing on this kind of punishments and has come to this end that within the Iranian law-making system, in most cases, the accessory punishments have not been prescribed in appropriate and practical scopes and reversely, they have been inflexibly predicted in cases which are not necessarily proportionate.

Audience of the Islamic Penal Code 1392 in counting the types of punishment is real person and legal entities. Observance of the principle of equality and non-discrimination and philosophical justifications for the application of punishment require that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. But by looking at the type of subordinate punishments provided in the said law, it becomes clear that these punishments are specific to real persons and cannot be applied to legal entities. In this regard, this article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities and in the end, this result is achieved which according to legal and philosophical justifications, subordinate punishments must be imposed on legal entities. On this basis, all kinds of punishments that can be applied to these institutions, are mentioned and finally, how to reach rehabilitation from these punishments is also described. 

In most legal systems of the world, Except for imposing the main punishment on the convict, other punishments are provided as subordinate punishment and deprives him of social rights for a while, that Should makes sense. Because the expectations of public opinion and the requirements of some jobs require that if a person committed a crime, does not get hired immediately for important jobs or cannot use some special privileges. Because this person has shown his anti-social status by committing a crime and it is possible that if he is assigned to the mentioned jobs, the temptation to commit a crime reappears in him. Therefore, it is necessary to deprive some jobs and privileges under the title of social rights for a while after the execution of the main punishment. The same argument can be applied to legal entities. Not only is there the possibility of a crime being committed by legal persons, but because of the breadth and scope of the crime, the consequences of their crimes are far greater.  In addition, legal entities have the same rights and obligations as natural persons, and may take on sensitive jobs and situations.  Hence, it is illogical to apply only the main punishment to these people and be able to enjoy social rights immediately, therefore, it should be possible that that subordinate punishment be applied to them as well.In addition, the execution of the main punishment may not have a specific deterrent in practice and apply immediately. But the imposition of subordinate punishment, or the deprivation of certain social rights, can lead to more deterrence, as is the case with real people. For example, young people, educated people, or employees may not have much fear of the original punishment if they commit a crime. Rather, one of the most important questions in their minds is whether they are deprived of social rights or not. Hence, subordinate punishment, in addition to achieving the goal of deterrence, also brings the criminal justice system closer to the administration of justice. In fact, legal entities, especially in financial penalties such as fines, are not greatly affected by the execution of the penalty, however, the fear of imposing a subordinate punishment or its application in case of committing a crime will have a certain deterrent in practice. 

This article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities.

In this regard, in addition to accepting criminal liability of legal entities, how to apply the types of applicable penalties to these entities is an important issue. Address of the Islamic Penal Code adopted in 1392 in counting the types of punishment is natural and legal persons. Observance of the principle of equality prescribes that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. Because with the recognition of the criminal responsibility of this group of persons in the Islamic Penal Code approved in 1392, there is no longer any doubt that they will be held responsible for their criminal behavior. But by looking at the type of subordinate punishments provided for in that law, it becomes clear that these punishments are specific to natural persons and cannot be applied to legal persons.   ConclusionIn the end, this result is achieved which is based on legal and criminological justifications, subordinate punishments must be imposed on legal entities. On this basis, in order to achieve these goals, it is necessary for the legislator to provide subordinate punishments for legal entities. In this regard, some cases should be suggested, which is like deprivation of social rights for individuals, it can have a similar effect. Borrowing from banks and financial institutions, participating in auctions and tenders, changing citizenship, etc. is a social right and privilege for legal entities, that deprivation of them can be considered as an appropriate and subordinate punishment for these person. It should be noted that this punishment must have a duration and then the legal person achieves the restoration of dignity so as not to destroy the efficiency of legal entities and in a way motivate legal entities to continue their activities. 

Today, attitudes such as considering people with mild symptoms of mental retardation and those with borderline intelligence as criminals by nature, is unacceptable and rejected. However, because crimes are registered in their names and in view of the strength of the risk factors, it is undoubtedly necessary to address in a special and detailed way the criminological issues of this group, especially delinquencies. In this article, which is qualitatively-inferential and based on library sources, the arguments of the proponents and opponents of the necessity of dealing with this matter have been brought up and discussed with emphasis on the duty of parents and those in charge of education and rehabilitation. Arguments such as the small number of these people in the society, the lack of criminal responsibility and the ineffectiveness and costliness of the measures have been seriously criticized and considered unacceptable. On the other hand, positive arguments such as the verse of prevention, the verse of "no harm" (lā tuḍār), the verses indicating the promotion of the good and the prohibition of the evil, as well as narrations such as the principle of no-harm (lā ḍarar) and rational reason have been presented on the necessity of studying and acting to prevent mentally retarded trainees from committing delinquencies.

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.

This article critically analyzes Ayatollah Mohammad-Taqi Behjat's theory on prisoners' rights and compares it with the Islamic Penal Code of Iran. Initially, the concept and nature of prisoners' rights within the Islamic framework and its jurisprudential foundations are examined. Ayatollah Behjat's theory, emphasizing human dignity, justice, and the reform and rehabilitation of prisoners, is then analyzed. The article proceeds to compare this theory with the views of other Islamic jurists, highlighting its strengths and weaknesses. Furthermore, the article examines the similarities and differences between Ayatollah Behjat's theory and the Islamic Penal Code of Iran. Finally, recommendations are made for improving the Islamic Penal Code in regard to prisoners' rights. The findings suggest that Ayatollah Behjat's emphasis on human dignity and the reform of prisoners could serve as an effective basis for enhancing the legal framework concerning prisoners' rights within Iran's legal system.

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.

The principle of individualizing, is something new in criminal law in western countries, but has a long history in Islam. This principle is the result of paying attention to the character of criminals in the beginning of 19th century. According to this principle, punishment should coincide with the criminal’s character and the conditions of the crime. Islam had this principle embedded from the beginning, and provided measure to bring into account criminal’s character. This principle, from the beginning of legislation (After the Islamic Revolution), has not been fully executed, but in the new law, the legislator has taken this into account. The goal of this article is to describe this principle according to the Islamic Jurisprudence principles that are accepted and passed in the 1392 Islamic criminal code and to analyze it to show the advantages, innovations, and disadvantages to make corrections to it in the future.

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.