جستجوی مقالات مرتبط با کلیدواژه « سیاست کیفری » در نشریات گروه « علوم انسانی »

Today, the increase in the occurrence of crimes committed by children and adolescents and the developments and ambiguities of criminal regulations have brought a challenge whether it is possible to talk about the general rules of intensifying security and educational measures or punishment for the crimes committed by these people. In judicial procedure, sometimes this challenge affects the fate of proceedings against these people. In this article, which uses analytical methods and library tools and a survey of some judicial decisions, it aims to interpret the regulations correctly, and the legal attitude of the judiciary towards the feasibility of applying the provisions of multiplicity of crimes to children and adolescents in Iran's criminal policy.

The terrorist attacks of 1 September to the World Trade Center and the Pentagon building in the United States, in just one day, resulted in more than 300 victims. The main losers of terrorist acts and attacks are the victims of the view that these actions are essentially the violation of their basic rights, such as their right to life, liberty and property. The importance of supporting the victims of terrorist crimes is to the point that their compensation is inappropriate and inadequate by the conventional method of damaging other crimes. Right now، Terrorist crimes with variable figures and different victims threaten human life and cause descriptive-analytical research of this issue in this article that supports Efficient of terrorism offenders, what policies and measures are appropriate in criminal systems؟ According to the findings of the study, the real compensation of victims of terrorism based on the standards of international humanitarian law requires co-ordination and international action plans. Damage of victims from terrorist acts should be compensated without discrimination, regardless of nationality, race, color, religion, gender, and fairly, proportionate and timely. Facilitating the process of deleterization of the victims of terrorism is appropriate for the intervention of the public and private sectors to repair their material and spiritual losses, regardless of the identification of the factors of such actions: Adopting a special law for the protection of terrorism victims, increasing the powers of the police in identifying, arresting and arresting suspected terrorist acts, establishing the Office for the Investigation of Terrorism Victims، prescribing interference by NGOs in announcing the occurrence of terrorist crimes and filing complaints and effective presence in the proceedings، Providing free judicial services and assistance to the affected offenders and timely informing them of the proceedings, providing immediate and free medical and medical services، Exemption of the victim and its family from any taxes and judicial and medical expenses, use of resources and capacities of insurance companies, public assistance، Establishment of a special fund to support the victims of terrorism and immediate payment of damages to the victims are among the effective strategies for supporting such criminals.

The activities of the Wahhabi movement and the security challenges resulting from it, prompt us to confront this phenomenon. One of the best ways to face this challenge is by legislating new criminal laws and incriminating these activities. The descriptive-analytical study of the activities of the Wahhabi movement shows that there are some deficits in the laws concerning Wahhabi activities, Some of them are as the following: the lack of legal clarity in connection with cyber activities of Wahhabism, the existence of vague phrases by the legislator, heresy in some institutions and related jurisprudential institutions and finally, insufficient attention to the defendants' defense rights and, on a larger scale, the citizenship rights of individuals, are among the most important gaps and shortcomings. This status shows that there no balance between "individual rights and freedoms" and "the security of society".

The law on reduction of prison sentence approved in May 2019 and published at the end of June 11 has come into force and due to the fact that this law is retroactive. The law to reduce prison sentences is a way to reduce the criminal population of prisons. This law has actually created a legislative revolution in the field of reducing prison sentences. The implementation of this law is associated with the reduction of the prison population. With the implementation of this law, if a person commits a crime that is punishable by imprisonment, but is subject to the payment of a fine in this law, the same law will be applicable to this person, even if his case has resulted in the issuance of a final and binding sentence. The rulings should return the case to the court to apply this law to issue a new ruling. A clear example of this can be in the case of obscenity, insult and defamation, where the punishment for these crimes is subject to reduction and conversion. Another issue that has been specified in this law is related to crimes that were previously unforgivable but are now considered forgivable. It is obvious that such cases can lead to the suspension of execution by announcing the forgiveness of the private plaintiff. to be

Undoubtedly, the period of childhood is widely recognized as a critical developmental phase in human existence. It is during this time that a multitude of physical and mental dimensions of the child undergo formation and maturation. Consequently, any acts of violence perpetrated against children during these delicate years can have profound and detrimental effects on their overall growth and well-being. The escalating prevalence of violence directed towards children and adolescents, along with the imperative to provide assistance to the most susceptible segment of society, necessitates a comprehensive examination of this topic. The implementation of an appropriate framework for addressing offenders holds the potential to effectively address the issue of violence perpetrated against children and adolescents, leading to a reduction in the incidence of this phenomena in the future. Hence, the objective of this study is to develop an appropriate framework for addressing the issue of violence perpetrated against children and adolescents. The present study employs descriptive and analytical research methodologies, utilizing data obtained through both library and field-based data collection techniques. The investigation encompassed three distinct groups within the legal profession: law professors, judges and lawyers, and jurists and legal specialists. Out of the total population, a subset of 140 individuals was chosen using the stratified random sampling technique. The research findings suggest that an effective approach to addressing violence against children and adolescents would need a combination of restorative and punitive measures. The restorative model is employed when addressing those who perpetrate acts of violence against children and adolescents, whereas the punitive model is utilized for individuals who engage in violence that not only offends public sensibilities but also undermines the overall social order.

An acid attack is one of the crimes and inhumane and violent act that leaves destructive, irreparable and long-term physical and mental effects on the victim's body and mind. Scientific combating with this behavior requires the adoption of a prudent and comprehensive criminal policy based on the components of the severity of punishment and protection of the victim. The current research, taking into account the law of intensifying the punishment of acid attack and protecting the victims of it, approved in 2018 in Iran and the criminal law of the two countries of India and Pakistan, while analyzing the material and spiritual elements of this crime, the criminal policy of Iran and these two countries regarding this crime evaluates. Despite the innovations of Iran's new law compared to the previous law, there is still ambiguity in the physical behaviors covered by this law. Even though This is the fact that the two physical behaviors of injecting or feeding acid to another person are disputed in Iranian law, according to the penal code of the two countries of India and Pakistan, it is clearly mentioned in the category of the physical behavior of acid attack. In all three countries, the crime of acid attack is considered as a result crime. The word "acid" is defined as a means of committing a crime in two countries, India and Pakistan, while there is no definition of this word in Iranian law. Knowledge of the occurrence of a crime is explicitly provided in the criminal law of India and Pakistan as a substitute for intention. According to the penal code of India and Pakistan, the punishment for this crime is life imprisonment. Apart from imprisonment in Indian criminal law, fine is also provided as a guarantee of execution, and in this regard, it is emphasized that the fine should be given to the victim and also a fair and reasonable amount of it to provide the medical expenses and treatment of the victim.

Considering the sensitivity of the job of the armed forces and the need to control their performance, having a differential criminal policy for the crimes of the armed forces is of particular importance for any country, as in the criminal system of Iran before and after the Islamic Revolution, the criminal policy for the armed forces It was and is a distinction intended by the legislator. The purpose of the current research is to examine the criminal policy of the Iranian Armed Forces Law regarding the sale, pity and desire and handing over of military objects and property by the armed forces. Selling, stealing and handing over military objects and property are important crimes in the criminal system of Iran's armed forces, so that in the laws of the armed forces before the Islamic revolution (the Law of Military Trials approved on 21/07/1928 and the Law of Procedure and Army Punishment approved 26/12/1939) and after the Islamic Revolution (Armed Forces Crimes Punishment Law approved 09/08/1992 and Armed Forces Crimes Punishment Law approved 30/12/2003). The present study, which is applied in terms of type and purpose, and has been carried out with a descriptive-analytical method, is trying to answer the question that the criminal laws of the armed forces before and after the Islamic revolution in relation to the sale, pity and desire and transfer of objects .What kind of differential criminal policy have the military and property followed? In response, It can be stated that the differential criminal policy in this regard is both a strict criminal policy and a lenient criminal policy.

Parliamentary immunity can be applied in two ways; Substantive immunity means immunity from prosecution and seizure against the performance of representative duties and immunity from assault means obtaining permission from the parliament to prosecute the representative for crimes unrelated to representative duties. Considering that both of these forms are intended to ensure the safety of the representatives for the proper performance of their duties, it seems that the best solution to guarantee the rights of the members of parliament is to accept parliamentary immunity in both its forms in the law. Crimes committed while performing the duties of a representative are subject to lack of parliamentary responsibility, not parliamentary immunity. Parliamentary immunity only includes misdemeanor and felony crimes. Parliamentary immunity does not apply in illegal matters, because in these matters there is no fear that the representative will be under threat and pressure and therefore, extending parliamentary immunity to illegal crimes is contrary to its philosophy. Examining the Law of the Supervisory Board on the Behavior of the Representatives also shows that there are very good things in this law to systematize the rights and obligations of the representatives, although it also has gaps. One of the important points of this law is determining punishments that do not have a deterrent aspect.

One of the most important subjects that attracted attention of scientific, political and judicial assemblies during two decades ago, is active and influential role making of celebrities, artists, sportsman, sportswoman and politically and scientifically. famous peoples on public opinions and directing community protests. Descanting of celebrities and influential persons may be lead to control of social crisis and meanwhile have a unique role on making social crisis or it’s aggravation and it’s leading towards disturbance, riot and disorder, in the viewpoint of penal policy, the study of scientific and legal approaches towards descanting of celebrities and influential peoples is an important issue and it’s achievements can decongestant in lawmaking about actions of celebrities and influential persons. This article with a descriptive analytical method studies that issue and concludes that although freedom of speech is a basic legal rule and its legality is unimpeachable, but it is a conditional and stipulated rule and therefore it is unjustifiable on grounds of jurisprudential basics of Islamic governance like Amre-Be-Ma’rouf and Nahye-Az-Monkar and with some principles of Constitution of Islamic Republic of Iran about peoples’ rights,  if its implementation breaches basics of Islam and leads to disorder and aggravation of social crisis.

Iran's new criminal policy in the legislative, judicial, and executive dimensions is in line with the rapprochement. On the other hand, the individualization of the execution of the punishment guarantees the reformative goals of the punishment. The present article emphasizes the necessity of "combining the policy of individualization of punishment with the criminal policy of rapprochement in the light of the role of the execution judge".The question Is: to what extent do the current powers provide the possibility of adapting the execution of the punishment to the personal, family, and social conditions of the criminal in line with the arbitrary criminal policy? In this article, in a descriptive-analytical way, the discretionary authority of the judge in the execution of the sentences has been criticized and analyzed from the perspective of arbitrary criminal policy. The findings of the research show that the authority of the judge to execute sentences is defined only in the framework of "primary exclusion" - based on the individual characteristics of the convicted person, while le the individualization of fraternity requires the creation of "secondary exclusion" mechanisms - based on conditions outside the personality of the convicted person and her/his behavior during the execution of the sentence.

The type of criminal policy adopted against addiction depends on the legal status of this phenomenon.From the jurisprudential point of view, some believe in banning and some believe in not banning drugs.Proponents of sanctions also differ: Some of them based on narrative evidence, some based on the unity of the criteria of drugs and intoxicants, and many based on the secondary reason of harm, ordered to ban drug use.Regarding the legal status of drug addiction, two approaches of "legal criminalization" and "Dicriminalization" are common among lawyers and sociologists. The consequence of the first approach is prosecution and aggressive treatment of addicts, and the consequence of the second approach is to liberate drug use and try to reduce its harm.In this article, after explaining the link between the legal status of addiction and the jurisprudential approach in this regard, the theory of "deviation of the concept of addiction" and the necessity of simultaneously avoiding the criminalization and the disease of the concept of addiction have been proposed, and its foundations and consequences have been examined.

Unauthorized acquisition of military computer data causes acquisitive to use them for cyberattacks on military infrastructures, which in practice may destroy vital military systems such as offensive systems. And the defense will come. The legislator in paragraph (a) of Article 731 of the Islamic Penal Code has only provided for the acquisition of secret data in general, and there is no explicity about criminal title "unauthorized acquisition of computer data" in Article 131 of the Criminal Code of the Armed Forces. The importance and sensitivity of military computer data requires appropriate measures to be established both in the field of criminalization and punishment. In this research, how is Iran's criminal policy regarding the unauthorized acquisition of military computer data and whether there is a significant gap and deficiency in this regard or if there are other laws, such a defect or gap will be ruled out. It will be paid. The present study, while examining the relevant articles in the Criminal Law of the Armed Forces and the Law of Computer Crimes, using a descriptive-analytical method and based on library sources, concludes that Iran's criminal policy regarding the unauthorized acquisition of military computer data Both classified and unclassified by military and civilian persons, they did not enjoy the principle of deterrence and the principle of proportionality of crime and punishment, in this regard, there is a need for amendment and legal gaps that require the provision of measures that are appropriate to the importance of the data. There are military computers that have been presented in this direction.

In the separative criminal policy, different measures – either active or reactive – are foreseen for different crimes or criminals. The legitimacy of penal policy (i.e., the reactive measures) from the viewpoint of the Qur’ān needs rereading the noble Qur’ān verses. In the noble Qur’ān, not only harsh actions are foreseen against corruption and corrupt people, but also different actions are foreseen against the corruption of the elite and white-collar people in comparison to the crimes committed by ordinary people. This reaction represents the separative penal policy about white-collar offenders. This descriptive-analytical study concludes that the separative penal policy against criminals can be extracted from the noble Qur’ān verses, and in case the elites commit a crime, more sever punishments in comparison with the ordinary people are foreseen both in this and the other world. The reason for the more severe punishment is the protection of the legal status of the Islamic government agents.  Moreover, the bulkier and more severe punishment is not limited to the people or topics pointed out in the Qur’ān; rather, it is generalizable.

Today, human society has faced various environmental crises, such that environmental challenges such as air, water, and soil pollution have put people's health at risk, and as a result, dealing with environmental crimes has become increasingly important because it harms social security.
The basic question of the article is that the criminal policies in Iran's legal system have the necessary efficiency to protect and protect the environment, especially in order to prevent encroachment and occupation of protected areas? This article deals with this issue with descriptive-analytical method and library sources, and the findings show that criminal protection in its current form has not been able to provide the goals of the legislator properly and appropriately. In this article, with the aim of explaining the criminal tools in order to protect the right to a healthy environment, while addressing the guarantee of criminal executions and the existing challenges, new approaches are made in this field.

Social security is one of the most important demands of citizens from the government. This article seeks to examine the realization of social security in Iran's criminal policy against armed drug and psychotropic trafficking. This knowledge-word is understood in the absence of threat. Requirements for achieving social security in the fight against armed drug trafficking are constantly updating Iran's criminal policy approaches in this regard, considering how to respond to this crime in the light of social surveys and the fight against government crimes in the realm of responding to it. Cognitive subcultural conflicts, distrust of the capabilities of the criminal justice system, the growing fear of crime and its spread to armed drug trafficking, and the absolute execution of some citizens in drug crimes are the most important challenges of this goal. Strategies for managing these challenges include updating the fight against armed drug trafficking, raising public awareness of the dangers of crime, and managing fear of crime. Victory in this way has had constructive consequences with the globalization of criminology. This study has found that appropriate criminal policy against armed drug trafficking leads to a clear sustainability of social security. The focus of this reaction is also on how to issue and implement the death penalty for these perpetrators by looking at the views of public opinion in this regard.

This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights.

Ethics plays an important role in the field of criminal law, including the principles of criminal responsibility. One of the most important types of crimes is crimes with absolute responsibility, which are also accepted in the criminal policy systems of Iran and the United Kingdom. The dimensions and scope of these crimes in these two penal systems are different from each other, so that in the Iranian penal system is accepted only for some economic crimes and corruption, while in the British penal system the scope of crimes with absolute responsibility to crimes is accepted. Contrary to chastity, it has expanded. The main question in this article is done by descriptive-analytical method, is what are the ethical foundations of the criminal policy of Iran and the United Kingdom in determining crimes with absolute responsibility?

The result of the present study is that the ethical principles in Iranian criminal policy based on general jurisprudential rules are harmless, practical rule, the rule of property is void, etc., while in British criminal policy based on principles such as the principle of expediency, it can be evaluated.

Among the new technological issues associated with virtual space is the use of Bitcoin as a virtual currency and cryptocurrency instead of traditional money. The unique features of Bitcoin have separated this type of virtual currency from other virtual currencies; Because this type of virtual currency has faced problems due to not being included in traditional payment systems; so that on the one hand it has been deregulated and on the other hand traditional payment rules have no place for this type of currency; Therefore, this issue has made bitcoin more attractive to financial-economic criminals than other virtual currencies and leads to economic crimes such as money laundering, fraud, smuggling of goods and currency, etc. The current research has studied Iran's criminal policy in the management of cryptocurrencies (Bitcoin) with a descriptive-analytical method; The results of the research indicate that Iran's criminal policy against such crimes that arise from the use of cryptocurrencies has been a passive policy (prohibition of use), but now a more realistic policy, which is similar to the policy, is waiting. "Stay and see" has been undertaken. According to this policy, the bank is not a guarantor in the field of verifying the authenticity of cryptocurrencies and does not apply any mechanism to manage and stabilize their prices, and the risk and risk of investing is with the investor himself.

In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this issue has been subject to structural analysis and modeling, taking into account the unchanging elements in any criminal policy, including crime, deviance, governmental response, societal response, and the fundamental and subsidiary relationships between these elements. In this analytical approach, 'crime' is often defined as a violation of necessary legal norms, characterized by normativity and necessity, while 'deviance' is defined as a breach of prevailing social norms or a state of non-conformity with average behavioral standards, often characterized by normality and the prevailing state of behavior. Due to the widespread prevalence of legal norms, such as the divine legal duties, in Islam, the division of norm-violating behaviors into 'crime' and 'deviance' within the concepts mentioned is not particularly practical for studying criminal policy in Iran. Nevertheless, within the Islamic normative system, controlled behaviors are distinguished from free behaviors