جستجوی مقالات مرتبط با کلیدواژه « جرایم علیه خانواده » در نشریات گروه « علوم انسانی »

Crime as a norm of society is accompanied by criminal and non-criminal responses. Criminal policy is responsible for responding to this. Criminal policy consists of different levels that legislative criminal policy as the most important and basic level of criminal policy is the gateway to the response to the criminal phenomenon responsible for drawing up the strategy and framework for dealing with the criminal phenomenon. After that, criminal justice policy, as the executive arm, has the task of dealing with real criminals. In some cases, however, this process is challenged for a number of reasons, and legislative and judicial criminal policies are incompatible. So the main question is; what are the most important factors in the incompatibility of Afghanistan's legislative and judicial criminal policy, especially with regard to crimes against the family? The most important reasons for this inconsistency in Afghanistan's criminal policy on crimes against the family are the lack of coverage of all issues by law, lack of access to official and judicial authorities, lack of expertise of judges, insecurity, corruption and cultural and moral barriers in society. Therefore, for the compatibility of legislative and judicial criminal policy as two arms of criminal policy, these obstacles must be removed.

Safeguarding the foundations of family in the virtual space encompasses various dimensions, ranging from family and societal nurturing to legislative and executive measures. A significant aspect of this issue is the prevalence and inherent limitations of disseminated messages in the virtual space, consequently leading to their repercussions. Prostitution, obscenity, and disclosure of private secrets are the most prominent crimes against family rights in the virtual space, which have been criminalized according to Iranian jurisprudence and criminal law. These crimes essentially violate the moral dignity and fundamental structure of the family. Regarding the prevention  of crimes against families in the virtual space, research findings indicate that the Holy Quran emphasizes ethical reform and spiritual elevation, aligning with its primary mission. Besides propelling individuals towards ultimate perfection and divine proximity, this can effectively contribute to crime prevention. If it becomes possible to redirect cybercriminal motives through educational and training programs, appropriate measures can be taken at minimal cost. However, there are obstacles to achieving this goal, some of which are intrinsic to the nature of such crimes and also exist in crimes occurring in the physical world, such as the identifiable and tangible nature of outcomes, as well as delays in the effectiveness of measures. On the other hand, the characteristics of the cyberspace are perceived by individuals as a secluded environment, free from intrusion and attention, enabling them to fulfill their needs and sexual desires without any hindrances. Therefore, greater emphasis should be placed on implementing proactive social measures for more impact.

On of criminal sanction for supporting of family, is criminal policy in the field of offenses against the rights and obligations of family (Articles 868-873) that is including failure to maintain, marriage with a married woman and woman in waiting period of divorce, to inter into marriage contracts with a married women and woman in waiting period of divorce, non-registration of marriage, divorce, revocation of divorce, marriage before maturity and fraud in marriage. Since these offenses have not been more discussed, so their defects are not clear and in some cases, it is difficult to apply. The author in this article by relying on study of that crime concludes that, firstly there is shortcoming in the regulation and secondly the intervention of criminal sanction in Family Law is a big threat for survival of the family foundation. Thus, it is necessary that in the area of family law the criminal sanction should be at minimum level. Also proposals for reform of the law have been proposed.