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

Security is one of the fundamental categories of citizens' lives, which interacts with the occurrence of crime and its prevention. Dependence on absolute security is not compatible with human life and is against the enjoyment and application of some rights, including the right to privacy. Prevention of crime is not only limited and exclusive to the actions after the crime, and during the commission of the crime and before it is also possible, the government in the general sense of the word, i.e. the governing powers of the legislature, the executive and the judiciary, take measures in order to realize the prevention of the crime. give Although privacy is essential in many cultures and societies; But sometimes and in case of conflict, it is possible to violate it. Of course, these violations are relative and may be different in some societies than others. The purpose of this research is to explain the consequences of the security of criminal law, which is in conflict with the violation of privacy, and the main question is what components of security-oriented prevention have the possibility of conflicting with the privacy of citizens. have? This research was done with a descriptive-analytical method and in the form of a library. The result is that the government should exercise its supervisory role in an exceptional manner and not intervene in the areas related to privacy except in the case of expediency and necessity.

Among the preventive measures regarding economic crimes that have been promoted these days is the formation of comprehensive financial information units and the control of citizens' bank accounts. These measures are non-criminal and technical-specialized in nature. Wide access to information and data related to the activities the above preventive measures, undeniably creates the grounds for abuse and degradation of information privacy of citizens. The purpose of this article is to investigate the degradation of information privacy in the state prevention of economic crimes in the light of legal patriarchy. This article is descriptive and analytical. Materials and data are also showed that there was no decisive reason to negate the implementation of the theory of legal patriarchy, but if the preventive measures of the mentioned situation are matched with the technical-expert aspects and not the taste, the possibility of the deterioration of the information privacy of the citizens will be significantly reduced. The theory of legal patriarchy gives governments the authority to intervene in their actions and lives for the benefit of the citizens like a caring father if it recognizes the current act or omission in line with their benefit and expediency. If the proposed principles of protection of citizens' privacy in cyberspace, which are established by the Organization for Economic Cooperation and Development, are implemented in this direction, both good and public interest (economic security) will be achieved, and the information privacy of citizens will not be degraded.

Tourism industry has led to the economic prosperity in any countries and has a direct relationship to the issue of security. Because if the tourist does not feel secure in the host country, the tourism in dustry will fare a dechning trend. That's why the goverments try to provide security for tourists. Given the laws and regulations, tourism rights have been formulated to protect the tourists. The purpose of present study is to explan the proactive prevention strategies for tourist victimization. Because the proactive prevention strategien provide security of tourist. In present study, the issue of proactive prevention has been considered using descriptive and analytical methods. Findings indicate that preventive measures of social and situational type can be provided by tourists, hoteliers, transportation and police. Prevention from victimization along with social and cultural measures have been used to secur the society and fight against criminal actions. In crimes against tourist, the preventive actions which aims at limiting or ignoring the opportunities and suitable situations for commiting crimes, can reduce the opportunities for crimes. Developed countries have prevented tourists from being victimized with the policy of reducing crime in touristic areas, public and semi public spaces. However in Iran proactive measures such as specialized tourist police, security of public and private spaces hotels and transportation systems are not at the level of developed countries and the country has attempted to respond the needs of tourist victims through reactive prevention strategies. There for, the necessity of using proactive prevention has been obvious.

Considering the huge changes that have been happening in the field of technology and the various revolutions that we have witnessed in the field of information and communication technology in the last few years, and considering the positive function of this technology, it is sometimes observed that some profit-seeking and opportunistic people try to abuse the users and to create a series of problems by learning and having the necessary skills. The cyber space provides new and highly advanced opportunities for breaking the law, as well as the potential to commit conventional and classic types of crimes in unconventional and very new ways so that the cyber criminals can do whatever they want and have in their mind in this zero and one galaxy. Considering this issue, the present study aims to explain the status of the situational prevention of cybercrimes in the light of the dominant pathology. Through the descriptive and analytical research methodology the current research has reached this important achievement that preventive measures such as restricting or denying access, regulatory measures, licensing measures, anonymizing tools, and encryption can be helpful in situational prevention of crimes in the cyberspace.

The dark web is an invisible part of the cyber space like an iceberg floating in the ocean, only the tip of which is visible and main and threatening part of the same invisible to the authorities. The first challenge of the dark web is the impossibility of identifying it in order to apply preventive measures as such that the issue of prevention, cyber threat, is behind the veil of ambiguity. The uncontrollability and lack of environmental boundaries is another challenge for crime prevention in the dark web. Finally, the arrangement of suitable solutions for this environment is proposed as the third aspect of crime prevention challenges. Using library and internet resources, this article tries to deal with the challenges of crime prevention on the dark web from the perspective of the prevention platform, the issue of prevention, and the preventive solutions. The results of the research reveals that the possibility of applying preventive measures in the form of intervening in situations that cause crime in the deep web is ruled out and that the use of defensive strategies to minimize cyber threats and focus on social preventive and early preventive measures instead of situational prevention is what that needs to be considered.

Given the globalization of the crime of commodity smuggling, is not conceivable a strategy other than the organized control of this crime in the light of a coordinated and international criminal policy. 'Supervised transportation and delivery' of illicit cargoes is among the strategies outlined in international documents to facilitate the apprehension of all criminal groups involved in the commission of a crime at the transnational level, However, it will not be feasible without states coordination. Given the expansion of globalization of criminality within the framework of globalization of the economy, transnational crimes within the context of organized criminal groups has gradually led to the growing trend and quickly attracted everyone's attention due to their organized nature. Among the examples of transnational organized crimes, it is possible to point out the cleansing of the factors caused by the crime of commodity smuggling, which is one of the instances of the criminal law transformation in interaction with international documents related to a new interpretation of the principle of territorial jurisdiction of criminal law. These transformations represent a change in the perspective on the principle of territorial jurisdiction, influenced by the aforementioned documents, aiming for a more effective fight against the crime of smuggling and It acknowledges that the transportation of such illicit commodity, from the point of origin to the place of distribution and consumption, involves crossing various territories that has led to the establishment of new legal concepts in states known as 'supervised transportation and control,«which have been embraced in their laws and regulations for more effective combat against smuggling.

The present study deals with the approach of urban environment design as a solution for crime prevention. The present study is of an applied type and the method used is also descriptive-analytical, using documentary and library sources. Urban design is a social goal through the creation of defensible spaces and seeks to have the physical structure of urban areas in such a way that care and control of the levels of different urban areas and security around houses including streets, alleys, pedestrian surfaces, communication spaces a city with various uses. This preventive approach enables people to make optimal use of the spaces they have and to benefit from a healthy and valuable life. In this preventive procedure, although the lives of citizens are significantly monitored, we also need to use care tools to achieve security and a life free from criminals. Precedence of security over freedom by raising the costs of committing crime and reducing the attractiveness of crime is the connection point of the theory of situational prevention through the design of the urban environment and the security-oriented legal system.

Situational prevention seeks to identify the external factors contributing to criminal behavior, separate from the characteristics of the perpetrator. Similarly, environmental prevention focuses on designing suitable living, working, and social environments to deter criminal acts. Violence against women is an area of significant concern that can benefit from these preventive measures. This study aims to investigate the presence of situational and environmental preventive measures addressing violence against women in international instruments, Iranian law, and legal doctrine. By examining and analyzing these measures, the article proposes practical and implementable recommendations derived from the aforementioned instruments and theories. The research methodology employed is a descriptive-analytical approach, utilizing library research. The findings highlight that Iranian law, reputable international instruments, and legal doctrine exhibit a strong commitment to protecting women's rights, preventing various forms of violence against women, and mandating actions to address such violence. As a result, specialized forums have taken steps to address this global issue through the formulation of regulations and the proposal of practical and implementable measures.

Crime prevention is the first step towards achieving criminal justice. combat against crime will be possible through both situational and social prevention, and often situational prevention is more successful due to its speed in result. Situational prevention are measures that reduces opportunities and increases the risk of crime by creating a systematic and permanent change in the environment. Today, the most important criminal economic cases in Afghanistan are related to crimes which committed through banks. This has increased the necessity of situational prevention of banking crimes. The present study tries to explain the prevention of banking crimes according to Clark's four techniques, and through this, offers solutions to reduce the opportunities and increase the risks of committing banking crimes. In the first technique (increasing effort to commit a crime), can be achieved by tightening the target of crimes such as transparency and the establishment of national banking systems and control of crime facilitators such as periodic relocation Banking staff and strengthening e-banking prevented banking crimes. In the second technique (increasing the risks of crime), it is possible to prevent banking crimes by creating a comprehensive supervisory system, monitoring and identifying bank employees and appointing a manager to combat banking crimes. In the third technique (reduction of benefits and proceeds from crime), can reduce the attractiveness of crime and deprive of interest, and in the fourth technique (elimination of excuses) through legislation, awareness and facilitate the implementation of laws prevent from banking crimes.

Crime, crime and fear of crime are common and widespread concerns in different societies; Various measures have been adopted over time to deal with crime and disorder. Except for a few Islamic countries, which have had a significant tendency towards various preventive measures in accordance with the Islamic criminal system, in other nations, these measures have been reactive and repressive and have appeared in the form of punishment and have been applied through the justice system of the judiciary. . In the recent and current decades, the inability of the justice system to solve the problem of crime and insecurity has become clear to everyone, and unfortunately, this fact, as well as the staggering and huge costs of repressive measures, have forced policymakers in the legislative field to use preventive measures. . Over time, preventive measures have clearly shown their effectiveness in preventing crime and dealing with crime and insecurity.

Prevention of security breaches today depends on understanding the concepts and examples of cyber security breaches as well as appropriate examination of the measures applied by governments in adopting preventive criminal policies. This is a relatively new issue but important one in thatit constitutes the most important component in expressing the desired governance of countries. Furthermore, as the evidence show, the cyberspace is the target of complex security-violating actions it has induced the governments both in the domestic and international arenas to apply efficient and effective approaches and guidelines of active and comprehensive preventive criminal policies and to seek suitable solutions against the cyber security breaches. The present article follows descriptive-analytical methodology inanalysing the situational preventive approaches of Iran against cyber security violations as stipulated under laws and legal documents as well as the international instruemts. It seems that, despite the fact that the legal system has taken different cyber security approaches in situational prevention of the cyber breaches but, the criminal policies of Iran, in spite of the attempts at strengthening of the cyber security foundations, lacks the differentiation bases and have not been successful in adopting centralized and effiient policies in preventing the cyber space breaches

In recent years due to increasing the population day to day expanding urbanization and immethodically increasing of constructions green spaces specially farming lands and gardens are terribly getting destroyed and changed. because the increase of the land price and the low benefit of farming cause agriculture to be weakend and lead to the willingness of changing the land use.However the land has always been considered an important tool during the whole history and governments have been aware of its economical political and social importance and they have set rules and laws a way better use of them. Along with fighting against changing the Land use the policy that the legislator has chosen in the form of construction eradication is a suppressive one.But maintaining the use of farm Lands wont be possible just by relying on the criminal policy of repression and the witness to this subject are those aerial photographs and statistics which show the increasing trend of changing the farm Land and gardening use around the cities of our country.of course we don’t mean to eliminate the criminal prevention in fighting against this crime but also by the social and the situational prevention we can prevent peoples tendency toward changing the Land use.In this study by descriptive-analytical method first we will dealing with criminology then will propose prevention solutions of the crime of changing the use of farm Lands.

The application of a set of non-criminal measures is called crime prevention. In this regard, this application ruins the intention of crime and criminal and in a way, increases the cost of committing a crime and ultimately leads to the potential criminal's withdrawal from committing a crime. One of the crimes that increases during natural disasters and crises is theft. Therefore, in order to deal with it and re-establish social, economic security and peace of mind of the victims, crime prevention measures should be taken into consideration. This article aims to examine and provide preventive measures for the crime of theft in natural disasters and crises. This study is one of applied research in terms of purpose and nature, and its research method is Delphi and qualitative interview method. Furthermore, the data collection tool of this research is a researcher-made questionnaire, and its statistical population is a number of experts, elites, lawyers, etc., who have been evaluated. Situational crime prevention usually manifests itself through breaking one of the links in the chain of causes and events that can be neutralized and causes the crime to occur. The cost of situational prevention is much lower than the criminal punishment of criminals, and reducing the opportunity can be useful in deterring criminals from crime and fear. This kind of prevention includes a wide range of activities and measures to deal with theft. Eliminating ideal situations for the occurrence of crime, predicting safe places to store important and relief items, increasing checkpoints at the entrance and exit of crisis-hit cities, using electronic equipment for control and monitoring in accident-affected areas, etc. are effective during natural disasters and crises in the prevention of theft.

Paying attention to criminological teachings has become an undeniable issue at the present time. Consequently, criminological findings have crystallized in Iran's laws, and its achievements have had a significant impact on transforming these laws. Among these areas, we can mention practical areas, one of which is preventive criminology, whereby actions and measures are taken into account to prevent the occurrence of crime.

The current research is applied in terms of type and purpose, and descriptive in terms of nature and method, and the collection of information was done through document review and data collection.

The doctrines of preventive criminology, which are divided into situational and social prevention, have not been unaffected by this issue among the laws of Iran, and during the legislative periods, they have been influenced by the results and achievements of preventive criminology And a number of the aforementioned criminological achievements have reached the scope of Iran's criminal justice system in different ways and have left many effects; In a way, we can refer to the normalization of these effects.

In the law of criminal procedure approved in 1392, more attention has been paid by the legislator to preventive criminology And its effects in the field of situational prevention and its doctrines in the text of the law can be measures to protect witnesses or informants, prevent harm to people and evidence of crime, control entry and exit points for smuggling. Kala, the prohibition of filming and audio recording of the court session, supervision of bailiffs by the prosecutor, segregation of prisoners and economic support of the victimized person in the proceedings And also, the effects of community-oriented and growth-oriented social prevention teachings have crystallized in the criminal procedure law.

The emergence and progression of corruption is one of the most important examples of inefficiency in administrative system. Combating corruption requires many tools, precision and tact, so it is only possible to strength health of administrative system, promote rules qualitatively and performance of controller organizations and fight against corruption progress through creating proportionality among general policies of state's administrative system and relevant rules, coordinating performance of supervisory bodies with regulatory norms, controlling and review rules, and finally strengthening people's position in the process of control and review system. The application of general principle of law as a tool to prevent corruption in its various external forms of manifestation and significant improvement of administrative system's efficiency are important in seeking optimal and effective methods in order to improve framework of legislative, executive and review mechanisms. The principle of proportionality as a principle bearing structure and as one of the modern principles in law attempts to guarantee that individuals' freedom, as a public right of citizens against the government, will prevent corruption and abuse in public power and discretionary power by state and governmental authorities in order to proper conduct of community. The research concentrating on the application of the principle of proportionality as an efficient tool for encountering administrative corruption. This is a descriptive-analytical research gathering data and information using library research method. This research attempts not only clarify concept of the principle of proportionality, as a supervisory efficient tool to encounter corruption, but also probe the application of it in legislative, executive and review mechanisms in order to create anti-corruption restrictions.

Almost all governments, whether libertarian or authoritarian, resort to filtering in order to prevent crime in the cyberspace due to political, cultural, etc. considerations but often due to technical and criminological limitations and inappropriate filtering, not only are they not successful in achieving their goal, but also violate fundamental human rights such as the right to freedom of expression and information and the right to privacy. Therefore, this article, examines whether filtering is a crime prevention way or as a crime itself. This article concludes in a descriptive-analytical approach that if governments are satisfied to the legality of filtering and disregard for conditions such as the necessity and appropriateness in filtering it has led to their excessive interference in the fundamental human rights of citizens and the damages caused by such filtering can be raised by the use of critical criminology teachings with the approach of social pathology in the form of state crime.

One of the controversial issues in today's society is the legitimacy or illegitimacy of the Islamic government's obligation to wear hijab, which has been discussed a lot by both supporters and opponents. But it seems that reducing the issue of hijab to criminal jurisprudence is not appropriate and the issue should be brought up in a more comprehensive way. That is, the question must be raised about the position of Islamic criminal policy regarding the hijab, so as to clarify the limits of authority and responsibility of the government and the Islamic society in this regard. This research investigated this issue using Islamic sources and jurisprudential texts in a descriptive and analytical way and concluded that the criminal policy of Islam has paid attention to the issue of the hijab on three levels: social, situational, and criminal prevention. Thus, members of the society and civil institutions, along with the Islamic government, have duties to explain, disseminate and institutionalize the Islamic hijab in society. In addition, at the level of crime prevention, if certain conditions are met, the Islamic government has the right to criminalize the non-observance of the Islamic hijab in accordance with the interests of the individual and society
.

The global problem of terrorism, which has called on all governments to fight, requires serious measures to prevent security damage in addition to effectively confronting its policymakers. Therefore, resisting terrorism without strategic planning will intensify security measures.

The present research has been applied in terms of collecting information by documentary method and by studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

The most important components of the target of terrorist attacks; exposure, vitality, symbolism, legitimacy, destructibility, crowdedness, proximity, and ease of access are all chosen by terrorists in a rational process.

In fact, each target is assessed in terms of the risk of terrorist attacks and, consequently, with police-oriented strategies such as reducing the target of crime, electronic surveillance, the physical presence of police in hot areas, controlling surveillance, identifying hot spots and potential criminals, designing an anti-terrorism environment and increasing police awareness can all prevent terrorist attacks.

The fight against money laundering and terrorist financing begins with controlling access to the financial system and preventing dirty money from entering the financial system. Due Diligence  and verifying customer identities is one of the most important challenges banks and financial institutions that those are  faceing  with their clients (low risk and high risk). The purpose of customer Due Diligence is to enable the bank to understand the nature and purpose of customer relationships. These processes help the bank identify potential suspicious transactions. The research method is applied in terms of purpose and descriptive and analytical in nature. The method of collection is also library-based and the tool for collecting information is the type of catch. The research data were analyzed in a qualitative manner. The findings show that customer Due Diligence is the basis for identifying suspects and tracking crime financing. Finally, customer Due Diligece Regulations for high-risk customers should be tightened up and suspected of active surveillance activities not used as a tool to finance terrorism. Writing of guidelines will also be necessary for Banks  to identify such customers.

In fact, "vandalism" or destruction of public property is a global disease of sabotage in the present century and is a deliberate and conscious behavior that is more focused on public and inanimate objects and is an indirect form of physical and residential aggression to reduce feelings. Failure or a way to achieve one's aspirations, which in turn violates public comfort. Vandalism is behavior itself, not the result of behavior; Vandal without material purpose only expresses his anger by damaging public property. And imposes heavy costs on the community, taxpayers, urban management, and other trustees for repairing or replacing damaged, utensils, tools, and belongings. In fact, with such deviant and destructive behavior, they harm not only the society but also themselves, and the purpose of this study is to answer the question of whether the phenomenon of vandalism can be controlled with criminal means? The library method has been used in terms of descriptive meta-analysis. Thus, the methods that overshadow the causes, factors and effects of vandalism and thus fight it fundamentally are a point that has been ignored in criminal legislation. And the findings show that the most important motivation of vandalists is curiosity, ostentation and revenge against society, which family disorder and social failure and economic inequality have an indirect effect on vandalism behavior. Overall, it is concluded that criminal control is not a good way to deal with it. Rather, in the process of answering, it becomes part of the problem. Therefore, through situational and social prevention; Expanding the legal powers of the police in the role of mediator, establishing non-governmental organizations, especially the formation of a special coordination council with the participation of various organizations, including; Education, governorate, municipality, welfare, law enforcement and radio and television in order to provide free cultural, social and economic education on public property and parenting education to families and identifying children and students with behavioral disorders and even the importance of public property in Textbooks can be a good way to combat vandalism.

Destructivism or vandalism is a sick phenomenon that exists in the urban environments of most societies. In sociological texts, vandalism is used in the sense of having a kind of morbid spirit. Since this phenomenon has various dimensions and roots in sociology, social, economic, political, psychological and environmental pathology, treatment and control must take into account the multidimensional and all relevant factors. Therefore, it is necessary to study and recognize factors such as psychology and sociology and their effects on a vandal, and various aspects of this, which are rooted in abnormalities, delinquent subcultures and other influential factors. Therefore, vandalism is one of the abnormalities that is the result of the relationship between the individual and society. Vandalism or destructiveness gradually spread and included any destructive, reckless, uncultured and cruel behavior. Vandalism is a global disease of sabotage in the present century and modern era and is called a global phenomenon. Vandalism is very similar to behaviors such as destruction, arson, insurrection, riot and terrorism, but the nature of vandalism is such that it occurs in certain places and times, and therefore the possibility of achieving the perpetrator is very low and it can be said that vandals have personality. They are special and, above all, with their mobs, they overshadow the public welfare, and by resorting to corrective methods, some of the characteristics of the vandals can be shifted from anti-social to social. With a brief and deep look, but deep and meticulous around us every day we can see hundreds of types of behavior, all of which indicate the mismatch and inconsistency of human behavior in their relationship with the environment, which is one of the abnormal social behaviors that although the formation of societies. It is a human being, but today it has become more and more prominent, it is vandalism. Behavior that has progressed in parallel with social progress has changed its appearance and has the ability to adapt to all available places. Therefore, vandalism is called the same anti-social behavior that is rooted in abnormality. But its rise and rise in societies makes vandalism worthy of control. Historically, it should be noted that attention to property and its importance and the destruction or intentional loss of property in Iran dates back to the period of Hammurabi, which was written by order of Hammurabi to pierce the wall, which is a vandalism is, severe punishment was predicted. Recently, a general position on social problems has become common among sociologists, which has been expressed in sociological analyzes and similar ideas and methods about different types of social problems, and everyone has at least one general concept of social problems in mind. For example, the consequences of the phenomenon of vandalism can be called a social problem and a detrimental effect on property, economy, culture and society.

The method of work in this research is library and in terms of descriptive-meta-analytical method using a collection of published books, Persian and foreign scientific articles, dissertations, scientific journals and is a tool for collecting information and data, documents and libraries. Therefore, the purpose of meta-analysis is that several studies have been conducted in the field of vandalism, and these extensive and scattered studies, each of which has addressed the issue with a specific approach. But the main problem with most of these studies is the lack of mastery of all aspects of vandalism, and the scattered results of studies in this area are not specifically in the realm of criminal law. The researcher has tried to provide positive analysis and inference of concepts that require reliance on the technique of analysis. The criminal dimension of the issue has been scrutinized in order to be able to reach appropriate solutions of non-criminal social controls to deal with vandalism in order to help the integration of knowledge in this field.

Findings show that the growing rebellion of human beings, especially the young generation, against social impositions and external repressive forces, not only shows their feelings of helplessness and helplessness, but also their anger and aggression due to their feelings of helplessness and helplessness. Hence, vandalism is an emerging and modern disease of the new society and a hostile reaction and a vindictive reaction to some forms of pressures, impositions, adversities, deprivations and external and social injustices. Thus, the most important motivation of vandalists is curiosity, ostentation and revenge against society, which family disorder and social failure and economic inequality have an indirect effect on vandalism behavior.

In general, it is concluded that in explaining the issue of criminal control of vandalism, first of all, the concept of punishment comes to mind. Punishment is a punishment that is imposed by the government from the beginning of the first brick of any society to preserve its integrity. But it must also be borne in mind that the whole social reaction is not limited to punishment. Today, a large group of social and preventive measures in the form of social reaction is perverted, and guaranteeing criminal executions for criminal control of vandalism is not the only way to protect the norms and official discourse. At present, criminal practices are no longer the only ones in the realm of criminal policy, but there are other forms of non-criminal social control, such as guaranteeing administrative and non-repressive practices, such as prevention, compensation, and reparation. Finally, criminal control is not a good way to deal with it. Rather, in the process of answering, it becomes part of the problem. Therefore, through situational and social prevention; Expanding the legal powers of the police in the role of mediator, establishing non-governmental organizations, especially the formation of a special coordination council with the participation of various organizations, including; Education, governorate, municipality, welfare, law enforcement and radio and television in order to provide free cultural, social and economic education on public property and parenting education to families and identifying children and students with behavioral disorders and even the importance of public property in Textbooks can be a good way to combat vandalism.