جستجوی مقالات مرتبط با کلیدواژه « اقدامات تامینی و تربیتی » در نشریات گروه « فقه و حقوق »

Children and adolescents are more likely to be harmed by others in terms of age and personality against social events, including deviance and delinquency.In fact, despite the fact that it is one of the Barriers tocriminal liability,But the vital and criticality of childhood and adolescence has led the legislatorTo design the rules among the child's behavioral and pedagogical factors and the system for responding to these social incompatibility behaviors in a special and differential legal system.Our lawmakers in the Islamic Penal Code of 2013, in pursuit of this goal, have enacted the following laws under Chapter 10 of the Law on the penalties and measures for the education of children and adolescents.In the Criminal Procedure Code of 2013, the title of the chapter on the enforcement of laws is limited to children and the institution implementing the judgments of children and adolescents.This study seeks to investigate the fact that although legislated materials for children and adolescents can be effective in the rehabilitation and development of children and adolescents, but in the Iranian penal system, what executive solutions are provided for these regulations and what are the executive challenges that they may face with in the implementation of criminal sentences. In this regard, the system of execution of criminal sentences of Iranian and Egyptian law is compared with a pathological view of Iranian law in order to provide effective suggestions for reforming the system of execution of criminal sentences of children and adolescents in Iran. It should be noted that this research has been done by descriptive-analytical method and in the collection of resources, the library method has been used.

Juvenile criminal responsibility in Iranian criminal law has changed significantly over time according to the law. In the contemporary era under the influence of new criminal thoughts and ideas , Has tried to further expand the age range of absolute irresponsibility towards these people.Islamic Penal Code adopted in 1392 in a scientific approach He has taken a step in this direction scientifically and at the same time as far as possible from the jurisprudential point of view, And without gender discrimination, a certain age for 1- Absolute criminal liability 2- Relative criminal liability 3- Total criminal liability, albeit in a reduced form, The legislature in crimes causing hadd and retribution by adding the condition of "criminal growth" to other conditions of criminal responsibility, one of the most important features of the system of responsibility Penalties for children are reduced in this law.This article seeks to answer this question What are the characteristics of the system of reduced liability of children in the current law and how the two criteria of criminal growth and puberty in law recognizing juvenile criminal responsibility has been considered. In this article with the method of descriptive-analytical form and information libraries And the data is analyzed, and finally it can be said that the current law, although it has been able to challenge the previous laws But it is worthwhile to make decisions for children under the age of nine that are lighter

Provision of certain conditions of the penal liability provisions of Article 91 BC is subject to the application of these penalties. Contrary to note 2 of article 88, article 91 of the Islamic Penal Code of 2013, there has been a serious change in the criminal response to juveniles who have committed the crimes punishable by Had or Retribution Sanctions. This article identifies the three situations as factors for the punishment of retribution or retribution. In these cases, he has been sentenced to one of the punishments mentioned in this chapter, rather than punishment or retribution, according to his age group. At the same time, the criterion for growth and perfection of reason has not been determined and this can cause many problems and ambiguities in practice. In this context of various challenges, it has generated a great deal of controversy, on the one hand it raises the question as to what crimes, perpetrators, and in what ways can juvenile delinquency alleviate juvenile criminal liability to punishment of retribution and retribution? He knew, and on the other hand, which challenges faced in the legal and judicial frameworks would make the development of juvenile delinquency in the process ambiguous. Accordingly, this paper, with a descriptive-analytical approach and an overview of the various jurisprudence and opinions of different judges, has led to the conclusion that juvenile delinquency in adultery and retribution offenses is a new but at the same time very different challenge. It has not been properly expressed in judicial procedure.

In criminal law specially and in other law disciplines generally the definition has high importance. Because it shows either the scope or realm of related discipline and avoid scattering them and also ensure the respect to the individual rights on the society. From 300 years ago with initiation of modern criminal law, the necessity of “nullum crimen nulla poena sine lege” as a fundamental rights of human beings entered in constitutional laws and charters, even taught many years before traditionally in Islamic or Christians orders this has been seen. In civil law countries like Iran, fulfillment of these rights in criminal law primarily necessitates “the definition of crime” in penal code. As the Iranian new penal code enacted recently and is effective from June 2013, in this paper the author analyses the “definition of crime” cited in article 2 and its innovations and challenges.

The principle of the legality of crimes and punishments is the main thing. Indeed, I support the people against oppression and the oppressors and their defender in the face of oppression: I must remember and remember in memories, the expressive and jolly voice of those who, in order to safeguard this principle and the other The principles of human dignity were said and written and they shouted. " In this article, I have no idea how to write about this principle and its fundamental importance, which they have written and very much defended, and defenders have defended it and some of them have also considered it the most important rules of criminal law, but most of my intention is to do it by a brief examination. In the context of the precise concept of this principle, I will refer to examples of violations of ordinary laws, in order to ascertain how with seemingly legal rules in the form of the principle of legality, it is possible to send allegories to the alms with obscure and confused concepts and to make them difficult. First of all, I refer briefly to the principle of the legality of crimes and punishments, which, despite the simplicity, requires recognition of this concept, and it will be necessary to take some of the cases set out in Iranian criminal law to clarify how confusing and obscure concepts undermine this principle. Has entered.