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

Supporting the victim and compensating for the damages caused to him is one of the important issues of criminal law, which has become increasingly important and has an impact on the realization of criminal justice. Based on this, the purpose of this article is to examine the question of what is the service delivery and compensation of victims from government channels and special institutions? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that providing services and compensating for the victim's losses, at first glance, only appears in the concept of financial payments, while the dimensions of compensation go beyond mere financial payments. In Iranian law, there is no clear legal rule regarding compensation from the government or other institutions. On the other hand, after the crime, the victim should not be left alone because it will cause many harms to him and the society. In Iran, the cases of compensation for damages and providing services to the victim are limited to unknown conditions, such as the victim's innocence or non-injury, or the compensation of damages by the sane or only in the case of murder, and there is a vague mechanism regarding these conditions that the legal form It is not specific. The brief provisions in Iran's laws are mostly supportive and rarely have the color of compensation and providing services in a way that reduces the suffering of the victims.

This article addresses three main questions: What is the legal status of digital designs from the perspective of Iranian laws and EU design law? Is protection limited to the reproduction of physical products or not? And whether the scope of protection includes dimensions such as the use of Does it cover 3D design and conversion to 2D or vice versa? There is no mention of this subject in Iranian law, and no research or writing has been devoted to it. However, in Europe, there are two general views on dimensional transformation: "abstract" and "objective" views, which are two ways of looking at the scope of protection, depending on how the protectability of digital designs is assessed. In the "abstract" theory of protection, it does not matter whether a product exists only as a digital image or has a physical form. From an "objective" point of view, however, it is more challenging to protect digital designs because the scope of protection is often linked to the reproduction of an actual physical product. This article argues that there is no answer to these and similar questions in Iranian law, but under European jurisprudence, most of the questions raised regarding the protection of digital designs and dimensional transformation can be considered resolved. Because the jurisprudence has preferred protection based on the "abstract" viewpoint to the "objective" viewpoint, it has expanded the scope of this type of protection at the level of the European Union. This means that digital use of non-digital designs can now be considered infringement. As a result,  rights holders should be more careful in the future when evaluating limitations and exceptions. In Iranian law, Article 1 of the Protection of Authors Act of 1348 refers to what is achieved through innovation as a work without considering the method or form of its expression and emergence (Rehbar and Dehghanpour, 543) (Habiba and Qaim Maggi, 1401:94) and Article 2, Clause 11, which refers to innovative work, is practically an addition (Zarkalam and Mokhuri, 2014: 27-33). Digital designs are often associated with the decision to achieve physical production, but they can also be used only in an intangible way. Designs such as icons in applications and graphical user interfaces are examples of designs made exclusively for digital use. Another example is video games, the building blocks of all games are digital designs. In the software, mobile device, and video game industries, the issue of protecting digital designs is becoming increasingly important because digital designs can be easily copied and used by others. It has been argued that industrial design protection can play a role in effectively protecting digital designs. (Church, 2019: 695) At the European Union level, design protection is governed by two pieces of legislation: the Design Directive and the Community Design Regulation. Despite the growing importance of design protection, its scope in relation to digital designs is often unclear. These issues are particularly relevant to the question of whether protection applies to the reproduction of physical products and whether the scope of protection covers dimensional changes, such as the use of a three-dimensional design in a two-dimensional form or vice versa. This article refers to this as dimensional transformation because digitization and dimensional transformation are often intertwined. There seem to be two views on this next transformation in the EU: "abstract" and "concrete". In the "abstract" view, protection is considered for all types of production, regardless of the dimensions of the object. In some member states, such as  Germany, protection is taken for granted regardless of dimensions. Any use of a protected 3D design in 2D form may be considered an infringement. An "objective" view is that protection is limited to physical goods only. Therefore, according to this view, if the design protection was originally registered for a three-dimensional figure, its use in two-dimensional form is not considered an infringement of the law, or vice versa. This perspective is particularly prevalent in England, Scandinavian countries, and the United States. Similarly, some researchers consider the lack of a tangible product to be a significant challenge for the protection of design. (McKenna, 2020: 395) The background of the research either includes the investigation of copyright in algorithms (Habiba and Ghaem Maggi, 1401) or intangible technologies (Rehbar and Dehghanpour, 1401). Maybe they have dealt with new information and communication technologies (Shakri and Jafarpour, 1401). Therefore, one of the novel points of this article is the examination of the possibility of supporting digital designs and dimensional transformation. To date, the validity of physical product design and reproduction laws has been successfully challenged at the European Union level. However, in order to consider the problem of dimensional transformation, one must pay full attention to the design protection of digital designs. In order to achieve this, the article first briefly introduces digital designs and their role in video games before considering the copyright/design relationship in the protection of digital designs. Secondly, this article examines the legal status of digital designs.

In the legal criminal policy of Iran, the police are considered the powerful arm of the criminal justice system, which has the most relationship with the victim. This relationship starts from the moment the police arrive at the scene of the crime and continues until the execution of the criminal's punishment and even after that. In this context, the police can reduce the harm caused by crime by supporting the victims. Therefore, due to the importance of such a role for the police, this research has been conducted with the aim of examining the aforementioned support.

This qualitative research has been conducted in terms of practical purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject, and the obtained information has been analyzed in a descriptive-analytical manne.

The findings of the research show that the victims need the support of the activists of the criminal justice system in order to reduce the damages caused by the crime. and the protections he provides to the victims include: "attention to the victim and his rights, attention to the human dignity of the victim, attention to the concerns and pains of the victim, attention to the opinions and views of the victim, sympathy and sympathy with the victim, providing security and...".

In recent years, the idea of protecting victims has attracted the attention of criminologists, legislators, judicial authorities, and the police, and significant measures have been taken to protect victims, and since the police is the first institution that victims facing it, in order to reduce the damages caused by the crime, it can provide various protections to the victims.

The displacement crisis is one of the serious problems the international community has faced in recent years. However, at the international level, there is no binding legal document about them that specifically addresses the status, recognition of the rights of individuals and the obligations of the international community, or the international body specifically responsible for this matter. In addition, this group is not included in the umbrella of the 1951 Refugee Convention, and the possibility of changing or extending its scope to this group does not seem justified. Therefore, the present study seeks to find a framework to support this group, while examining the existing mechanisms. It is concluded that based on the actions of international institutions (in the form of cooperation and partnership between various institutions, Leadership of specific organizations), as well as on the basis of international obligations of states (including commitment to protection arising from the doctrine of R2P; to accept under customary international law; to human security; to the principles of the United Nations Displacement Guidelines) in international law and the international system and Given the general support, provide a framework for the protection of displaced persons and fill the existing gaps to an acceptable extent.

Successful countries in the fight against corruption have provided cultural and legal grounds for public supervision by passing laws regarding the protection of corruption whistleblowers. This is associated with structural, legal and cultural challenges in Iran, and the current research seeks to answer the question of how to support corruption reporters in Iran and what challenges it faces and the way out of this challenge. What is based on jurisprudence and legal principles? The findings of the research using a library method and relying on jurisprudential sources, showed that Iran, in addition to having incoherent and incomplete legal materials in support of corruption reporters, also has inappropriate literature and culture in this field. Another challenge in this field is the large number of people in charge of receiving corruption reports. The support-motivation measures of whistle-blowing and corruption reporting are weak because the identity of these persons does not have the necessary confidentiality and these persons are not required to be protected against the retaliatory measures of the corrupt. The incentive system is also very limited and without identifying the source of credit. Therefore, it is appropriate to take a new approach to the culture and literature of corruption reporting by taking into account the jurisprudential sources, and while coordinating those in charge of receiving corruption reports, support-motivational measures such as: confidentiality of identity and information, prevention of retaliatory measures and compensation and system To improve the encouragement and reduce the inflation and proliferation of laws in this field.

Supporting women's rights in all social dimensions is one of the issues that have been the focus of attention and controversy in human societies and divine religions since the beginning. One of these protections is the general protection of the position and rights of women in the time of war, which has been taken into account by the Geneva Convention (one of the most important pledges of humanitarian rights) and Imami jurisprudence. In Article 76 of the First Additional Protocol of the Geneva Convention, the issue of protecting women is raised, and it can be proven in Imami jurisprudence according to specific evidence, such as the narration of the Prophet (S) containing his direct order to "do not kill women" and verse 190 of Surah al-Bagharah about non-transgression and rulings related to Jihad. In this article, we try to examine the overall protection of women in war from a jurisprudential point of view and prove the progressive Shiite thought before the formulation of any international protection laws in recent centuries. Therefore, using a descriptive-analytical method, the paper seeks to answer the question of what is the opinion of Imami jurisprudence regarding the articles of the Geneva Convention on the protection of women during the time of war, in order to determine the full compliance of the Convention with Sharia standards in this regard

The increasing spread of crimes in the current era, along with the emergence of new and different types of criminal and delinquent phenomena has been The failure of the official criminal justice system by using the guarantee of criminal executions in various fields, including: Reactive prevention of crime, timely dealing with criminals, logical and open social reforms Being the perpetrators has led to the formation of the question whether it should be increased, strengthened and updated Were the criminal policy measures and programs based on the active and principled participation of the civil society? As a rule, the participation of the organization People's organizations (Semans) who voluntarily and spontaneously enter the field of criminal law in order to solve social problems and provide public services, is a clear example of participatory criminal policy. The need for the attention of government bodies to identify, organize, evaluate and monitor cement is a necessary and undeniable matter. Therefore, in the last days of 9211, the judiciary, in line with the second step of the Islamic revolution and the transformational movement in the judicial system around Semana, prepared and adjusted the guidelines "How to participate and interact with popular institutions with the judiciary" in order to strengthen their active presence in politics. committed a social (non-governmental) crime. This instruction put many and different axes before the activists of the criminal justice system and semans. In this article, the aim is to use the descriptive-analytical method to develop a cooperative criminal policy in the protection of the victims. examined in the light of the mentioned guidelines, and in addition to removing the ambiguous points, in order to implement the guidelines in a practical way, it should lead to and result in providing new and effective horizons.

The crime of murder is the crime that has the most destructive effect on the physical integrity of the victims. This crime, in itself, creates and strengthens fear, terror and panic among the general public. In the criminological study of premeditated murder, motive plays an important role in its realization. In fact, it can be said that the motive is to move towards committing crimes such as premeditated murder. Hence; Intentional homicide, like other crimes, is motivated by multiple motives.

This study is a quantitative correlation study, which is the unit of analysis of murder cases and secondary data has been used to analyze the relationships between variables. the data in the files were entered into the computer quantitatively and the data were analyzed using the SPSS statistical package. The statistical population in this study is 116 murder cases from 1390 to 1394 in Qom province, which were collected after obtaining permission from relevant authorities and were analyzed in terms of factors and motives, and the motives of all murderers were examined.

Statistical findings from the hypothesis test showed that there was a significant correlation between supportive factors (family, school and early intervention) and risk factors (drug abuse disorder and reversal judges, age of use and the effect of advertising) with the tendency of children and adolescents to use drugs. And there are psychedelics and the variable of supportive factors 38% and the variable of risk factors 22% of the variance of the dependent variable have explained the tendency of children to use drugs and psychedelics and the coefficients have a significant effect in the form of structural equation modeling. Negative support factors (-0.42) prevent the realization of the tendency of children and adolescents to use drugs and psychotropic drugs. Conversely, the variable of risk factors with a positive coefficient (0.66) could play a positive role in the tendency of children and adolescents to use drugs. Have narcotics and psychotropic drugs.

The use of supportive mechanisms modulates the risk factors for the tendency of children and adolescents to use drugs and psychotropic drugs. For this purpose, along with education-oriented and family-oriented measures, interventions to prevent, reduce and control consumption are among the factors that create this balance.

Acid attack, as an anti-social behaviour, is a serious crime with severe punishment under legal systems.The severe damage caused to the public order, and the harm caused to the victims necessitates severe punishment imposed on the the perpetrator and supportive measures provided for the victim.This paper examines the measures taken by the newly enacted law in attempt to prevent the commission of this heinous crime and to support victims.By adopting a descriptive and analytical method, this paper considers the legislative background of this crime, and examines its constituent elements under the new law.It examines the effect of aggravation of punishment, prohibition of applying leniency institutions, aggravation of abettor's punishment and adoption of preventive measures in reducing the occurrence of this crime. The paper emphasizes the need to provide physical and psychological support to the victims, which was not provided in previous legislation.The conclusion is that, in spite of the positive steps taken in the newly enacted law, in the sense of increasing the punishment, and providing supportive measures , further measures are still needed to ensure the prevention, and especially situational prevention of this crime such as identification of acid buyers and registration of such transactions

The present study is aimed at answering this question despite the fact that guaranteed private ownership has many effects and benefits on foreign investment and it leads to production and economic prosperity but it requires to provide legal and judicial protection mechanisms for this right. The legislature, in the law of encourage and support foreign investment, it makes foreign direct investment possible in areas where private sector activity is allowed, however, the rules and regulations of legal and judicial protection of private property in the country do not comply with investment rules and standards. However, changes have been made in the law of encourage and protect foreign investment and identified protections for investor property rights but this law failed to provide a proper legal and judicial framework providing the right environment requires protection of private property in other national laws, especially the constitution law in a way that leads to the efficiency of this right and is dynamic and attractive for the investor.

The issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and considered in the profound jurisprudence. Therefore, the eighth Government of the Islamic Republic in 1386  revised the privacy bill and surrendered to the Islamic Consultative Assembly. This research has been attempted to discuss the privacy bill, which has several headings: physical privacy, places and houses, personal information on media activities, communication, at work, and responsibilities arising from privacy violations and the principles governing it. In this regard, the present study introduces the principle of non-velayat, اصاله, and the principle of human dignity as the principles governing the privacy Bill, as well as the prohibition of disclosure, the need to pay attention to human dignity and to abstain from tyranny as relevant privacy issues.

Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirable space to increase the mental health of children in learning the knowledge and realization of their education and upbringing. Hence, the phenomenon of violence in such environments has become increasingly evolving in spite of educational and corrective approaches to child behavior and discipline in the prevailing educational environment. in this study, by studying and explaining violence against children in educational settings based on the documents of the International Human Rights Law, as well as the Iranian legal system's standards regarding the right of children and their support, they are working to prevent and prevent the occurrence of such a phenomenon. Provided in educational environments.

Trafficking in persons is a form of organized crime which mostly victimizes women and children. They are persons who often deceived by perpetrators and victimized by traffickers. The victimization of persons trafficked often caused by several pathological factors especially gender and age.
According to a descriptive and analytical method, this research explores the contents of international instruments and the Iranian laws concerning the trafficking in women and children.
Gender and age are two main factors which play a key role in victimizations of persons trafficked. From a victimological perspective, such victimization requires a differential protection and support for these groups of victims. Accordingly, specific measures have been taken to protect these persons and adoption of the first protocol of Palermo Convention entitled the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (15 Nov. 2000) is a significant effort to combat with trafficking in persons, especially to protect these victims. In Iran, the Combating Trafficking in Persons Act 2005 does not correspond with international standards including the Protocol 2000, and only aims to penal protection of such victims by criminalizing trafficking in persons.
Despite international efforts on the protection of the victims concerned, the Act 2005 does not seem to be sufficient to support the victims of trafficking in persons. To conclude, reviewing and reforming domestic laws to recognize international standards and provisions and incorporating them into national legal system, specifically, expanding the protective measures to other forms of support, other than penal form, seems to be necessary.

Islamic and criminal law regarding the children is not merely briefed in the panel policies. Regulating the response of manner against misdemeanor is a part of the Islamic criminal code. In Islamic criminal policy, in addition to this issue other dimensions are of concern as well. This section in Islamic criminal law involves the period of the child’s formation, that is, when the family structure is being established. Here, the child is protected by the law with respect to the three general concepts: promoting the idea of sexual desire towards regeneration by observing the law regarding marriage, regulated selection of spouse and educating and preparing the ground for the healthy family structure. It seems that in some aspects like the issue of marriage, the objective of support is rated based on the secondary comparison to the other aspects.

Reformation strategies might be categorized into three levels in terms of the stage of its performance topic. In the stage of outside of criminal environment, the three strategies of supporting the set free prisoner, developing the community-oriented punishments and oversight and controlling and practicing function. The existing examples in Canada indicate the local, intellectual, and religiousoriented nature of support strategy; the rule-oriented nature of the development of community-oriented punishments strategy; and the comprehensive and purposeful nature of oversight control and practice strategy. In other words, the existence of a strategic discipline is apparent in this system. As for that of Iran, though the strategy of developing community-oriented punishments has currently been advocated, the necessary conditions to practice them are not available and therefore, its failure is not a surprise. Besides, the strategy of support has not welcome in practice. Regarding the oversight, control, and practice strategy, notwithstanding various organizations, effective and purposeful elements have been ignored by law makers. In general, with regard to evaluating the Iranian reformation strategies, strategic pretence is its salient feature.

In some cases, after the many crime outbreaks, especially crimes against persons including rape, struggle, assaults, mutilation, abortion, and crimes related to driving offenses, the victim in addition to physical damages of physical damages is suffered by severe psychological damages caused by these crimes. In here, the criminal policy system, especially the criminal justice system to better make justice, it should conduct victim to the relevant authorities such as forensic examination and to alleviate their emotional sufferings it should do appropriate actions and until that, there would be no psychological security in country. So when we can visualize a mental calmness for victim crimes, that they would have hope to offset expected losses from these crimes. The opposite of many crimes that have consequences with trivial and common relation and the probability of returning to the previous case of crime outbreaks is easily possible, crimes against people with chronic vulnerability have undesirable effect on victims. Their lives are endangered; they may lead to their death; because these crimes are in the category of violent crimes and cause psychological wild side effects and are commited against body, soul and spirit and psyche of human beings. In spite of this bitter reality, legislator at the time crime sketch and support these crime offended have overlooked and considered less of their condition.