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

The emergence of ISIS led to changes in the concept of terrorism in its traditional form, so the crimes of ISIS in Syria were among the most heinous crimes, and thus we can classify these crimes as war crimes or crimes against humanity and even crimes of genocide. Although it is clear that Syria can prosecute and prosecute members of this group based on its territorial jurisdiction, it is also possible for the United Nations Security Council based on Article 17 of the Cooperation Agreement between the United Nations and the International Criminal Court, and Article 13 of the Statute of the Court, referral International crimes of ISIS members to the International Criminal Court, but dealing with impunity in the face of crimes of terrorist groups such as ISIS in Syria faces challenges in reality. The perpetrators of these crimes are in violation of the regulations that all governments share in protecting and implementing, so it is the duty of every government to exercise its criminal jurisdiction over those responsible and supervising these crimes and to take such a decision, to respect the application of justice to ensure international protection against violators of the basic values and systems of the international community, and accountability that can Executing it through one of the three methods 1- Referring the case to a member state to the court. 2 - The Security Council requests the Prosecutor General to conduct an investigation. 3- Investigations under the supervision of the Public Prosecutor. The possibility of prosecuting ISIS in the International Criminal Court and the challenges it faced in this regard are the focus of the following article, which was dealt with using the descriptive and analytical method.

Social developments, especially in the field of criminal law and criminology, have a significant impact on crime prevention and fighting. This article examines the various dimensions of these impacts, including changes in crime patterns, increases or decreases in specific crimes, and adaptation of policies and laws to social needs. Social developments, in the field of criminal law and criminology, have not only led to changes in criminal patterns, but also created new challenges and opportunities to fight crime. This article tries to improve the mechanisms and legal policies to deal with crime and maintain the security of the society by examining these effects more deeply and analyzes various aspects of this relationship. Social changes, including changes in family structure, increase in technology, and economic changes, have affected crime patterns. For example, the increased use of cyber space may lead to digital crimes. People may find new ways to commit crimes with changes in social conditions, and this requires new and updated research in the field of criminal law and criminology. In addition, the number of specific crimes has also been affected. For example, during times of social change, some crimes may increase, while others decrease. This article emphasizes in detail the type and frequency of these crimes and tries to analyze the causes of these changes. In this context, policies and legal laws must also be synchronized with social developments. Compliance of these policies with the needs of the society ensures the increase of productivity in dealing with crime and the maintenance of public safety. In general, the article deals with the deep analysis of the effects of social changes on the field of criminal law and criminology and pays attention to the improvement of policies and strategies in this field.

The development of technology is an event that has led to the improvement of human life in recent times, but the damage caused by it cannot be ignored. Virtual space is one of the new emerging technologies that has led to the spread of crimes for criminals.Since one of the methods of reducing the crime rate is their pathology and the punishment determined for them it seems necessary to investigate this issue.Therefore in this article the damages caused by the media and cyberspace from the point of view Crime and punishment have been questioned.The writing method of this research is descriptive-analytical.Among the harms caused in the field of crimes we can include harms in the family,economic,personal,social,security-political,judicial and police fields and in the field of punishments at the domestic level and international pointed out.Despite the criminalization of computer crimes we still see a legal gap in some areas.Also due to the difference in criminalization between countries,an act may be a crime in one country but not a crime in another country.In the laws of Iran with inefficiency.We are faced with certain punishment for these crimes.Considering the difficulty of finding the criminal, discovering the crime etc.it is necessary to reduce the crime rate in the cyberspace through non-criminal social and situational prevention.Data protection for the safety of users,using special devices to limit access to certain information, blocking certain websites by the Internet access provider,etc are among the solutions that can help in reducing these crimes.

Restorative justice, which is an informal form of reaction against criminal action, by putting together the main shareholders of the crime, namely the criminal, the victim, and the community is trying to provide an appropriate response to this criminal act which is in the interest of the three parties. Iran's legislators have taken steps in line with restorative justice policies. The two institutions abandonment of prosecution and alternative punishments that the legislator has used as tools to achieve the goals of restorative justice policies face difficulties and have not been as successful as they should have been.

This is a descriptive study.

Ethical Considerations:

 All ethical principles governing research have been observed in the presentation of this article.

In the case of abandonment of the prosecution, the legislator, by not paying attention to the accused's consent or at least not paying attention to the right to protest for the defendant, has violated the rights of the accused in various cases and in fact, by placing the fate of the case at the discretion of the plaintiff for one year and not paying attention to the defendant, he has created a legal abuse. In the case of alternatives to incarceration, they have very little frequency. Since in many cases judges are free to exercise this institution and do not use alternatives to imprisonment for some reason, these institutions are almost deserted.

One of the effective factors in committing an economic crime is the existence of motives and goals that exist in the mind and mind of the economic offender. It can be said with certainty that the economic offender does not commit an economic crime in order to satisfy his emotional and sexual needs. What drives this action the most is the financial and economic viability of committing such a crime. On the other hand, lack of fear and apprehension of arrest, conviction and determination of punishment and its application, inadequacy of the judicial system, society's lack of commitment to its economic and social rights are other factors that along with the administrative and political structure of the country cause more economic crime. Paying attention to the theoretical foundations of each subject and why and its rational explanation is one of the most important issues in any research that is addressed in this article. Then, the motivators of committing economic crime from different angles have been discussed by descriptive research method and by collecting libraries.

crime is committed under the influence of various factors. Among the various factors, investigating the role of economic environmental factors is of great importance. This is especially important when the economic situation of the country is not at a favorable level. The purpose of this article is to investigate the role of economic environmental factors on crime and criminal responsibility.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical considerations:

 In this article, the originality of the texts, honesty and trustworthiness are respected.

The crime economics literature shows that various factors are effective on this social phenomenon. Economic environmental factors such as poverty, unemployment, inflation cause the formation of an environmental element called marginalization, and marginalization directly and indirectly causes an increase in criminal activities.

The result is that in any society, the amount of crime has a direct relationship with environmental factors such as poverty, unemployment, inflation and marginalization, so the increase in inflation and the expansion of marginalization leads to an increase in crime of marginalization as a social factor affects the increase in the delinquency rate; Therefore, the conditions require that economic conditions such as inflation in the country, which has found an increasing trend, should be paid more attention from the point of view of crime economy.

The intention and will to commit a crime is one of the topics of debate and disagreement in criminal jurisprudence. Based on this, the purpose of this article is to examine this important question, what is the intention and will to commit a crime compared to committing a sin in criminal jurisprudence and what is the approach of criminal jurisprudence in this regard? This article is theoretical and has investigated the mentioned question using descriptive analytical method and library. The findings indicate that the intention to commit a crime is not punishable. The intention to commit a crime in Islamic punishment is because it is not punished at the stage of actualization according to the opinion of most jurists and jurists, because punishment is assigned to action. Iran's Islamic Penal Code has also followed the same principle and has not provided punishment for the intent to commit a crime. Between crime and sin in criminal jurisprudence, there is a relationship between the public and the private. This means that it can be said that some sins are crimes, such as adultery. Some sins are not crimes, such as lying and backbiting. Some crimes are sins. Like: Drinking wine. At the same time, some crimes are not sins. Such as: Purely wrongful crimes. The result is that religious teachings are beyond the laws of human subjects and the ruler and judge is God and His justice, as well as the power of conscience, which is created by God and acts as an inner court.

According to the theory of transferred malice in common law, in cases of mistake in person, the criminal intent is transferred from the failed intended purpose to the finished unintended purpose and the committed crime, without regarding the predictive ability of the unwanted victim is intentional. In this way, the committed crime against the real victim is considered as the crime of the intended purpose and has the same sentence. Because, the intention is transferred from a definite purpose to an indefinite or accidental purpose as a face of malice; without the mental presupposition of universality. Therefore, the perpetrator is exposed to two intentional charges of starting to kill the intended person and intentional murder of the unintentional person with a primitive intent of killing man. But, according to prominent Shiite jurists and jurisprudential rule such as ((We intend not to do and we do not intend)), the murder sentence resulted from a mistake in person is unintentional. Also, the sentence of this type of murder in case of intent to kill a certain respectable person on the Islamic Penal Code of Iran approved in 1392, citing Articles 144, paragraph (a) of Article 290 and paragraph (c) of Article 292 and paragraph (c) of Article 291, except in the case of rule of the footnote of Article 292, it is considered as unintentional.   As a result, citing some jurists the theory of transferred malice or paragraph (d) of Article 290 of the Islamic Penal Code or even the title ((similar crime)) in the paragraphs of Article 290, with the motive of protecting human beings to make this type of murder intentional, is not acceptable.

IED or Intermittent Explosive Disorder is a type of impulse control disorder whose main characteristic is impulsive aggression. One of the issues of criminal psychology, in relation to the said disorder, is related to the extent and manner of its impact on the occurrence of criminal behavior on the part of the patient. According to psychological data, there is a significant relationship between a person suffering from intermittent explosive disorder and committing violent crimes by the patient. Therefore, one of the most important issues regarding these patients is their criminal responsibility for the crime they committed due to their mental disorder. Considering the considerable research gap in this case, the present study has analyzed the effect of the special condition of patients with IED disorder on their criminal responsibility in a descriptiveanalytical way with a comparative review of psychological texts and legal texts. The findings of the research indicate that firstly, impulsive aggression in this disorder is often considered a factor in the occurrence of violent crimes by the patient. Secondly, the mentioned disorder takes away the individual’s will when committing a crime in a relative manner. Thirdly, deprivation of the relative will of a criminal with intermittent explosive disorder requires reduced criminal responsibility in a specific framework and in accordance with jurisprudential standards. Fourthly, punitive punishments in patients with intermittent explosive disorder, due to the special conditions of these people, often lack deterrence and worsen the patient’s condition. Fifthly, in this category of criminals, adopting a therapeutic approach to eliminate the origin of the crime and preventing the repetition of the crime is prioritized over the punitive approach.

 Punishment, regardless of its quantity and quality, is always a requirement for the protection of social order, which has been determined by the legislature against crime and violation of norms, and is sometimes intensified. Intensification of punishment is one of the components of the principle of personal punishment and of the practical and challenging nature of public criminal law. One of the common causes of this issue is the number of credits that the legislator has dealt with in Article 3 of the Islamic Penal Code (approved in 1392). Due to the importance of discussing pluralism in criminal law, dire consequences and its non-belonging to a specific crime, the present study, while examining this important and explaining its various dimensions, expresses the challenges that have arisen in line with the provisions of this institution in practice, and to overcome them Has stated solutions. The main question of the article is what challenges can be faced by the institution of credit institution in practice and what solutions can be offered?

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowledge and experiences. The mistake is divided into two types of "the subject matter" and the "judgmental mistake". The criminal act is the result and product of the offender's will to achieve the purpose of the offender and obtain the criminal path through the criminal path, but in many cases the offender, although the criminal path to the end. The material and the material element of the criminal act also commits, but for the reason, it does not achieve the purpose it does not have, and one of these is the wrong cause of identity and identity. As the most important crime that has an inherent crime at all times and places, it is the result of taking the life of a person who is one of the most important assets of any individual. For this reason, much of the investigation is centered on this crime and issues that are raised following the commitment of the crime, including the purpose of the purpose of identity in the discussion of murder. The content is library. key words: Wrong, crime, science and ignorance in crime, crime elements, jurisprudence, criminal law

The preservation of family entities is indispensable for the well-being of society, and the supportive approach to family entities, considering the minimum rights principle of criminal law, has been explicitly stated in various laws. In the latest draft of the Penal Code, multiple provisions have recently been introduced to criminalize support for family entities, including the protection of health, the establishment and sanctity of the family nucleus, and governing relationships. Examining the latest developments in legal transformations is crucial. Therefore, this article, based on a library-based research method, describes and analyzes the criminalization and legislation process related to the support for family entities in the draft Penal Code. The article identifies serious flaws in terms of the number of criminal titles, the type, and extent of punishments, leading to the necessity of a legal approach based on proposed legislative amendments.

Today, one of the prominent and important issues in the researches in the field of criminology in different countries of the world is the fear of crime, which according to some people is as important as the crime itself, but the phenomenon of fear of crime is a very complex issue that Its amount and factors may be different in each city or region. Fear of crime is not only a feeling, but a reality that is tied to people's lives and has destructive effects on politics, economy, social life and criminal policy of countries.Fear of crime plays a very important role in the field of crime prevention, so that the United Nations has considered fear of crime as one of the main elements of prevention. The present study was conducted with the aim of investigating the effect of the police on the fear of crime and ways to prevent it. The components that are in the prevention of crime and fear of crime and are related to the police have been analyzed and a solution has been mentioned for each.

SummaryToday examining the principles and basis of crime survey based on criminal statistics is a quantitative method of crime prevention in cyber spaces. Which exists as the black figure of crime, the use of survey methods (victim-oriented survey and offender-oriented survey) has been identified as a model at the national and international level and plays an important role in the criminal policy of countries in the prevention of cyberspace crimes. In terms of practical purpose and in terms of the type of research, this is a descriptive-analytical research that was collected and analyzed using library sources. There are effective solutions in this field, and the use of survey methods in the thinking and criminal policy of each country is very important, and the implementation of a well-considered, efficient and preventive criminal policy, which is one of the concerns of the statesmen in the implementation of security and justice, helps a lot and reduces the crime rate. In cyberspace, which is an unknown world, it helps a lot. The results of this study show that survey principles can reduce the attraction of targets in the cyber environment by using the teachings of cyber criminology and various social and situational preventions through public education. and other regulatory measures to deal with and prevent in the cyberspace, and the survey of crimes as a knowledge about the type of crime, the number of crimes, the age, gender, and judicial records of cybercriminals gives useful information.

From a biological-psychological point of view, one of the root issues in the occurrence of crime is hormonal changes in the body and the occurrence of hyperglycemia. This article was conducted with the aim of investigating the decrease in willpower and alertness of a person due to the increase in blood sugar in diabetic patients and the resulting complications.Lack of insulin secretion or inability of cells to respond to it leads to high blood glucose levels (hyperglycemia), which is a clinical sign of diabetes. Several factors can cause an increase in blood sugar in people with diabetes; The pancreas is not able to produce enough insulin (type 1 diabetes), the body becomes resistant to the effects of insulin and does not secrete enough insulin to maintain normal blood sugar levels (type 2 diabetes) and increase glucose production. It is also possible that glucagon, cortisol, and adrenaline hormones act against insulin and cause high blood pressure and increased blood sugar. This complication can lead to physical problems such as; Stroke, heart diseases caused by coronary arteries, destruction of retinal vessels, kidney failure, damage to nerves, urinary and skin infections, and mental illnesses, including; anxiety and depression.Examining each of these complications is very important from the point of view of criminology, because it leads to behavioral abnormalities in a person and strengthens the grounds for committing a crime in him. Therefore, if he commits a crime, he should found him partially responsible in terms of criminal responsibility.

The knowledge of the occurrence of the result means the customary knowledge of the perpetrator as a result of his committed behavior is one of the constituent elements of the spiritual element in restricted crimes. This is referred to in indirect law as indirect or subordinate intent, while its essential and independent role in the intent of the outcome should not be overlooked. As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to setting a standard for the knowledge of the occurrence of the result and makes the importance of studying it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes. In some cases, it is difficult to distinguish between intentional and unintentional crimes. In some cases, it is difficult to distinguish between intentional and unintentional crimes.

Nowadays the cyberspace acts as a double-edged sword in all social realities and, therefore, it can be regarded either as an opportunity or as a threat. If the government does not follow a clear plan, it can easily distort its healthy and competitive environment in some special events such as elections. In this research we aim to take a documented and substantiated look at the issue with the purpose of helping in preventions of election crimes and damages. With a descriptive and analytical approach and through the documentary methodology by using library and internet data, in this article we seek to find an answer to the question of what is the role of cyberspace in the indirect management of elections and that how the election crimes and violations caused by the same could be countered with. According to the authors, the role of cyberspace in the hidden management with destructive approaches of election violations and crimes is undeniable and that the solutions such as: defining the cultural code of professional ethics of election campaigns in cyberspace, considering the time of the election as an aggravating factor of electoral crimes in cyberspace and, finally, the comprehensive election law and its consolidation for more accurate monitoring etc. are among the solutions to reduce such threats.

In recent years, various theories have been proposed in the field of crime prevention in order to reduce the amount of crimes in societies, by the thinkers of this field. The pattern and nature of delinquency depends on the age. This type of prevention prevents the risk factors that encourage a child or teenager to commit delinquency and strengthens the factors that support their healthy life in order to avoid incompatibility, deviance and criminal acts. prevented by them The mentioned factors can be considered both as a risk factor and as a prevention factor and as a basis for the development of children and adolescents in the Law on the Protection of Children and Adolescents, because growth-oriented prevention is used in a way specific to these ages, it led us to Let's look for fields of this type of prevention, which in Articles 1, 3, 6, 16, 32 of this law, the legislator's attention to it is clearly evident, also with the approval of the "Protection of Children and Adolescents" law in Iran and the "Dealing with Juvenile Violations" law. In Afghanistan, there are signs of the acceptance of a differential criminal policy in dealing with crimes against children and adolescents in the criminal law of Iran and Afghanistan, which has been referred to in the law of dealing with children's offenses in Afghanistan, although it is limited.

Crimes against chastity can be divided into two categories: "sexual" and "non-sexual" crimes; In the crimes against sexual chastity, despite the strictness of the substance, which has been applied through criminalization and multiple and aggravated punishments, the legislator has meant a special order and conditions different from the prosecution of other crimes from a formal point of view. This "differentiation" of criminal prosecution in this range of crimes has originated under certain expediency considerations, including preventing the spread of prostitution and the principle of victimization. The present study tries to evaluate the different methods of dealing with crimes against sexual chastity in the current legal and judicial situation with descriptive and analytical method and by using library resources and to discuss and investigate the most important challenges and obstacles of this handling process. If the legislator, by clarifying Article 102 of the Criminal Procedure Law, for the first time in Iran's criminal legislation periods, placed the principle on the prohibition of "prosecution" of crimes against chastity (sexual) and summarized the cases of prescribing prosecution only in four special and exceptional cases, but this method In practice, problems and challenges such as ambiguity in the concept and examples of the two terms "plaintiff" and "public" in crimes against chastity, the difficulty of conducting preliminary investigations by the court, the challenges of proving evidence for crimes against chastity, the unfamiliarity of criminal justice system activists including bailiffs with Different methods of dealing with crimes against chastity and their perpetrators have followed.

The criminal investigation process related to the citizen's rights in the criminal justice system has important dimensions, components and indicators, which are necessary and necessary for the defendants to comply with, and it is appropriate for criminal investigation experts to have special knowledge and attention to it. Therefore, the current research has been carried out with the aim of explaining the position of citizenship rights in the criminal investigation process.

In terms of purpose, the research is practical, and in terms of the nature of the data and the method of implementation, it is qualitative and exploratory. The method of analyzing related scientific documents and laws has been used for data analysis. For this purpose, relevant legal provisions such as international laws, the Constitution of the Islamic Republic of Iran, the Islamic Penal Code approved in 2013, the Criminal Procedure Law approved in 2013, the single article of the Law on Respecting Legitimate Freedoms and Protecting Citizen Rights approved in 2004 and other domestic and foreign laws that They were selected purposefully and in the third time of the study, theoretical and thematic saturation was reached and 7 experts approved, and MAXQDA software was used for qualitative content analysis.

159 basic themes have been extracted, which include 30 organizing themes and 3 inclusive themes, including laws and citizenship rights related to the defendants in the criminalization process in three processes: 1-Crime detection (prohibition of eavesdropping and control of telecommunication communications - inspection and inspection of the homes and workplaces of the accused - search and inspection of the homes and workplaces of some government officials), 2- preliminary investigations (feeling of the safety of the accused during interrogation - the investigation must not be delayed - compliance with the regulations of the investigation of the accused - avoiding torture during interrogations - avoiding discrimination between litigants - speeding up the processing of cases - Lawful interrogation, 3- Persecution of the accused (the right to compensation for the accused's losses and damages - The right of the accused to benefit from the principle of acquittal - The principle of prohibiting the arrest and detention of people - Prohibiting the arrest of the accused for more than 24 hours - Notifying the reasons for the arrest - Notifying the family - period Under its review and extension, the right to explain the accusation, the right to object the accused, the right to remain silent, the right to a medical examination, the right to have an interpreter, the right to be interrogated without torture, the absolute prohibition of torture, the observance of the principle of innocence, the right to have a lawyer, and the right to be interrogated under legal conditions.