جستجوی مقالات مرتبط با کلیدواژه "sexual abuse" در نشریات گروه "فقه و حقوق"

Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded in Persian criminal law studies. This article aims to answer the question with a descriptive-analytical method, what requirements should be considered in the interrogation process in the primary research stage to detect the victimization of children? To achieve this, according to the available data, the article is divided into three topics.The first topic examines the selection of the interrogator and his training. If the first step, which is to have an expert interrogator with special physiological and mental characteristics, is not taken correctly, it will definitely not be time for the other steps.  In relation to the physical characteristics of the interrogator, various studies indicate that people have a tendency to disclose crimes for women in sensitive matters such as sexual crimes, and this tendency is more prominent in the case of children due to their sensitive nature. Out of all the requirements regarding the interrogation of children, the Iranian legislator has explicitly and correctly set criteria for the gender of the interrogator. Article 42 of the Criminal Procedure Law stipulates: "If possible, the interrogation and investigation of women and minors should be carried out by trained female officers and in accordance with religious standards." In addition to physical characteristics, the main thing that plays an important role in doing an accurate and reliable question and answer is the mental characteristics and capabilities that he acquires. The increase in skill and expertise leads to the reduction of bias and incorrect mental backgrounds, and as a result, more correct and reliable information is obtained. In many countries, such as the United States, Canada, and England, training courses are held to improve the expertise and skills of interrogators, and the interrogation process is subject to pre-determined and taught protocols. The most widely used and important of these protocols, which have many similarities with each other, are: 1 Step-Wise Interview Guidelines; 2. cognitive interview; 3. Ten-step Investigative Interview; 4. National Institute of Child Health and Human Development research interview protocol.The second topic deals with the issue that after the selection and training of the interrogator, he should be able to get to know the child's condition and gain his trust in the beginning. The age of the victim, his physical, mental and spiritual abilities and problems, evolutionary or developmental considerations, ethnicity, language, culture, religion and the economic status of the family where he grows up and the places he went and comes are examples of information that should be obtained before the main question and answer session. This information can be obtained from the child's relatives, the school and kindergarten he goes to, and his doctors and teachers. After the initial acquaintance with the child, the interrogator should gain his trust by using them and by applying communication methods. Verbal and non-verbal communication, respecting the child's personal space by maintaining a proper distance and asking if the child feels comfortable with the distance between the interrogator and himself, calling him by name, Choosing words and arranging them next to each other in such a way that the child believes that the interrogator understands his painful situation and sympathizes with him has a great effect on creating empathy and intimacy between the two parties.In the last topic and after communicating with the child, It is time for the interrogator to give basic training to the child and ask the main questions and answers related to the crime. Explaining the child's role in the interrogation, teaching how to answer the questions, explaining the concepts of truth and lies to the child and gaining a detailed understanding of him in answering the questions are the effects of basic training. In the main questions and answers and according to the protocols, the beginning of the main question and answer process should be with "open questions". After the interrogator has heard the child's free interpretation and everything that was in his mind since the day of the incident, he should add to its quantitative and qualitative richness through specialized questions. The questions should not be suggestive or in such a way that their answer is yes or no.These explanations and information in various sources about this subject show that the primary investigations process, especially the interrogation session, question and answer session, interview or any other title that is placed on it, is one of the most important parts of criminal justice system, which is ultimately a huge part of the justifications for sentencing, but so far no special law or regulation has been written for its technical part. In other words, issues such as the existence of an expert and trained interrogator who has a special card should be included among the rights of the parties to a criminal case. It is clear that having legal information or work experience of the judge and officer who is responsible for the interrogation is not a guarantee for holding a useful and quality question and answer session.

In online communication, emojis are widely used and are often considered as beautiful and exciting additions to the original text. Emojis are now referred to as the "language of the online age" and "the fastest growing language in the world." In digital text messaging, it is possible to convey humor, emotion and sociality through emojis. However, the question is that in addition to the role of text beautification and transmission of emotions, is it possible to commit a crime by sending emojis? What are the challenges faced by jurisprudence in dealing with emojis as evidence? Therefore, the present article first examines the role of emojis in crimes such as intimidation and insults by recognizing different judicial examples of criminal cases and emoji-related proceedings, and then the challenges facing acceptance. Emoji evidence is evaluated in criminal proceedings.Findings show that criminal activities can be committed under the guise of emotional emoji function and their role in facilitating trust for a criminal purpose, and in particular crimes such as threatening, insulting or sexually abusing children, can be sent through Emojis occur. However, Criminal Courts In interpreting emojis and evaluating them as evidence,They face challenges such as poor expression and implication of emojis in criminal proceedings, change of platform, cultural differences in the interpretation of emojis, and instability of the psychological element in emoji-based crimes After getting acquainted with the challenges in emoji-based criminal proceedings, it has been tried to introduce solutions to these challenges in order to resolve the problems and create a unified judicial procedure.

Persons with different sexual-gender traits and types (Queers) are considered people with gender disorder, and in this paper, an attempt is made to investigate the victimological approach to these people from the perspective of law. This article is descriptive and analytical, and this issue is investigated using the library method. From the perspective of initial victimology, these people are exposed to being victim for reasons such as depression, personality disorder, and gender identity disorder. From the perspective of secondary victimology, both in the stage of crime detection and preliminary investigation in cases such as participation in the preservation of the scene and examination of the place, and in the stage of criminal proceedings in cases such as the necessity of the presence of a lawyer, openness and speeding up the proceedings and summoning or arresting offenders or victims, attention is required. However, it cannot be said that this is a special and differential support for people with certain sexual and gender characteristics (Queers). Given the vulnerability of Queers, it is necessary for legislator to act a kind of differential and supportive approach towards them.

The only permissible way to satisfy the sexual desire of men and women in Islam is to get married and start a family. In order to achieve the goal of marriage, a right and obligation has been set for the couple, including Tamkin (wife's submission), which is the focus of differences in legal systems. Imami jurisprudence and Afghan law defend Tamkin as a legal and legitimate proposition in marital relations. But the customary legal system refers to it as a source of sexual abuse of couples and sexual oppression against women. The different perceptions of these systems have made the relationship between the intended meanings of "couple sexual abuse" Aam wa Khas Men Wajh (more general and more specific from a perspective). The subject of this paper is to explain and analyze this concept by looking at the principles and sources of target legal systems. The research is done based on library sources using descriptive-analytical method. As a result, according to other evidences and documents, the necessity of modification in the theory of desire in customary law and the theory of obedience in religious law was proved in order to systematically reduce the jurisprudential problems of women and achieve mutual interaction between target legal systems.

In Islamic fiqh[1], there are diverse views about the compulsory guardianship regarding the child marriage. Some foqaha[2] have allowed child marriage on the condition that it is not counted as sexual abuse. Some others have allowed it on the condition of expediency. Some contemporary jurists have opposed the latter view and have called for the prevention of child marriage. They believe that child marriage is corrupting, against children’s rights and it cannot be justified as their expediency. Suggesting that in our time no advantage or usefulness can be assumed in child marriage, the present article examines and proves the foundations of the prohibition of child marriage.

One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in sexual images is pornography, which is conducted through a variety of media including magazines, cartoons, paintings and animations. Given the irreparable consequences of this damage to children, countries and governments must take appropriate legal action so that this can be done to some degree from the destructive effects of this vulnerable group. Child pornography has been banned and sanctioned in most countries of the world and in international documents and treaties that have been concluded between countries. In domestic law, although it has not explicitly referred to pornography, but it has been declared illegal by numerous instances in several laws, and it has been punished for the offender, but it should be noted that the drafting of the law in this The field is not the only solution to eliminate this crime and to eliminate its effects, but the government must inform the people and families and children.

Over the last decades, the sexual exploitation and abuse of children have been addressed by international organizations. Several instruments, including the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography required the adoption of appropriate measures by States to counter with various forms of sexual exploitation and abuse of children. Considering the increasing number of cases of sexual exploitation and the need for the creation of a joint mechanism, the Council of Europe has approved the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse on May 25, 2007. Despite the fact that the Council of Europe has been criticized, this Convention has led to the creation of new norms that are innovative in comparison with the previous one. In this article, while analyzing some of the most innovative rules of this Convention, the strengths and weaknesses of these rules are also highlighted. On the other hand, the examined rules wich reflect the new Council of Europe's approach, which, along with criminalization and other legal and judicial measures, emphasizes the need for the protection of child victims and the adoption of preventive and educational measures by governments.

On numerous occasions over the past decades, the United Nations peacekeepers have been charged with various offences against the civilian populations they are commissioned to serve. To render criminal justice, exercising jurisdiction over the accused is a requirement. Agreements between States and the UN prescribe that the peacekeeping personnel shall exclusively be subject to jurisdiction of the home States. further, the contributing States shall retain exclusive jurisdiction over violation of International Humanitarian Law by peacekeeping forces. The present article examines the criminal jurisdiction of national courts and the obligation of home States to prosecute such offences, and it further attempts to discuss, inter alia, ICC role in this issue.