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text
article
2020
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Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
1
10
https://jqclcs.ut.ac.ir/article_76136_55db2db3970a6024e747a2aa2205d0fe.pdf
dx.doi.org/10.22059/jqclcs.2020.76136
Protection for the Victims of Domestic Sexual Violence in Iran's Criminal Justice System
Hajar
Azari
استادیار دانشکده علوم انسانی دانشگاه تربیت مدرس
author
Zahra
Babazadeh
دانشجوی دکترای مطالعات زنان دانشگاه تربیت مدرس
author
text
article
2020
per
Legal systems in various societies have emphasized state intervention by special laws, ratified to protect the victims of domestic sexual violence. In Iran, lack of criminalization of sexual/domestic violence, especially domestic sexual violence, has caused challenges in recognizing the victimization of this type of violence in the courts. The main question of this research is how the system of criminal justice of Iran reacts to the phenomenon of domestic violence and what supportive mechanisms women, victim of this type of violence, have. To answer this question, a qualitative approach and a case study method including deep interviews with 15victims, 10criminal justice judges and a content analysis of 15 cases in Tehran province has been used. The findings indicate that women's criminal complaints often fail to be responded under this title, which has resulted in prohibition of prosecution, only in the case of injury and damage lead to punishment. In the implementation, the difficulty of proving and the lack of objective criteria in determining the scope of admission has led to personal interpretations of judges, deliberate neglect, and overall varying judicial approaches to the problem. Therefore, considering the inadequacy of existing criminal mechanisms, from a substantial and procedural point of view, and the ineffectiveness of proofs in this matter, the first and most important supporting technique is the necessity of criminalization of domestic sexual violence in legal discourse, along with the determination of the guarantee of implementation in accordance with the needs of the victim and differential proceedings in criminal courts
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
259
280
https://jqclcs.ut.ac.ir/article_76125_a7432d6b8ff4770b2b2314eff4b78291.pdf
dx.doi.org/10.22059/jqclcs.2020.260328.1320
Procedural and substantive Analysis of the anti-smuggling of goods and currency
MOSTAFA
DANESH
qom university
author
shahram
ebrahimi
shiraz university, faculty of law and political science
author
text
article
2020
per
In systems with Guidance Economy –vs. Market economy - Government interventions are Maximum because the Economy is the fundamental pillar of governance, that’s why doesn’t wait for market role. In this Approach, The legislator Knows Crime perpetrators of this area as person that consciously get the enemy infantry not a normal Modifiable perpetrator. Based on this through legal vocabulary like “fight” Brings his message to his Adherents that don’t wait for Minimal criminalization within the framework of legal principles and fair trials. This criminal policy is strictly evaluated and in two dimensions, has shown himself. Reviewing this policy in the light of judicial procedure Will show Borders of Away or approaching Legislative and judicial policy of each other.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
281
309
https://jqclcs.ut.ac.ir/article_76126_7ed714ba54c9e0ddda7ed33bc9978d10.pdf
dx.doi.org/10.22059/jqclcs.2020.273953.1380
Feasibility of media responsibility for juvenile suicide
Mehrnoosh
Abazari
استادیاردانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2020
per
Developments in the digital world and the advent of the electronic age have brought human societies into a new environment that has been welcomed by human beings, without taking advantage of its services in view of its challenges and threats. The presence of the media in the teenage world, which until recently caused concern about bodily harm such as obesity, led to the violence or mental disorders. In this regard, the present paper, using a descriptive-analytical method, examines the impact of media on the formation of violence and harmful behaviors of adolescents towards themselves and the criminal law attitude in the responsibility of designers and companions of these media through analysis of existing laws. And has discussed the rules of criminal law.The result is that the designers and companions of these media have criminal responsibility and are punishable if they influence adolescent harmful behaviors and suicide.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
311
330
https://jqclcs.ut.ac.ir/article_76127_ea26e65776eeeb887e5671d0acbb3420.pdf
dx.doi.org/10.22059/jqclcs.2020.290109.1482
The relationship between social capital and growth-oriented and society-oriented prevention of crime (Study: Malard , Autumn 2015 - Summer 2016)
Arash
Naserpirsaraee
Ph.D Student of Criminal Law and Criminology, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
author
Abbas
Shiri
Assistant Professor Criminal Law and Criminology, Faculty of Law and Political Science, Tehran University, Tehran, Iran
author
Hasanali
Moazenzadegan
Associate professor of criminal law and criminology, University of Allameh Tabatabaei, Tehran, Iran.
author
text
article
2020
per
New approaches in the field of criminology and crime prevention indicate that it is important that hard reactions cannot be corrective, and consequently the path of prevention should be explored in the field of dogmatic thinking. With this view, that the approach of a growth-oriented society towards the clarification of community-based infrastructures takes which direction, or that how the tools and mechanisms that are effective in realizing this issue with regard to the components of social capital in the dimensions of the rule of law, social contract, social participation, and the mutual norm can lead us to achieve organizational goals, are the main aspects to be considered in this study. In fact, the purpose of this research is to identify the potential and actual capabilities of society as social capital which explains the meaningful relationship between growth and community prevention patterns along with social capital components. However, the purpose of this paper is to prove the significant relationship between social capital on crime prevention and social exclusion with focusing on prevention and community-based services. The sample is comprised of 382 cases in the city of Malaard, which is an applied in terms of goal and descriptive-correlational based on collection method, which was conducted in the period of 2015-16, and has been studied in a random order. Therefore, social capital, including the social contract and the mutual norm, with growth-oriented and community-based prevention.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
331
352
https://jqclcs.ut.ac.ir/article_76128_e1e1c27a314b60899b64d7fb41f01631.pdf
dx.doi.org/10.22059/jqclcs.2020.252080.1282
The Foundations of Criminal Policy Evaluation
Maryam
Taghizadeh
دانشجوی دکترای کیفری و جرم شناسی دانشگاه علامه طباطبایی
author
Rahim
Nobahar
Faculty of Law, Shahid Beheshti University
author
Hossein
gholami
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
author
text
article
2020
per
Although the necessity of evaluating criminal policies is of evident issues, the study of the foundations of criminal policy evaluation is essential for Iranian criminal policy makers. The aim of this article is to search for some rational foundations for criminal policy evaluation. Taking a descriptive-analytical approach this article reviews evaluation and its relationship with public policy in general, briefly. The article, then, studies three major foundations of criminal policy. Rationality is the first major basis of criminal policy making. It means that evaluation is the very requirement of every single rational public policy making including criminal policy. The second foundation of policy making, according to this article, is good governance in its public law sense and as conceived in the literature of Human Rights. Indeed, there is a dire need to improve the quality of governance by applying effective policies, especially in controlling crime and delinquency. Due to the fact that transparency and accountability are two necessary indicators of good governance, implementing numerous evaluations of policies are needed. This, in its turn, helps achieve human and economic development goals and makes policy makers more aware of the results and side-effects of the programs, if any. Evaluation has its own economic aspects and dimensions. Due to the resource limitations of the society, it is necessary to implement the most efficient policies at the lowest financial cost. Without evaluation such an objective seems not to be achievable.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
353
371
https://jqclcs.ut.ac.ir/article_76129_b0049e0385122ce76a299c5b6faa1610.pdf
dx.doi.org/10.22059/jqclcs.2020.282170.1433
The Complementary Jurisdiction in the Jurisprudence of the International Criminal Court: The Sameness of Person and Conduct
Mohammad Hadi
Zakerhossein
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2020
per
After two decades of practice, the relationship between the International Criminal Court (ICC) and domestic jurisdictions is still a matter for debate. Under the complementarity principle, states’ action prevents the ICC to step in. However, such an action should be qualified. According to the ICC’s jurisprudence, states should prosecute the same case before the Court if they intent to dis-activate the ICC’s jurisdiction. The ‘same case’ standard requires sameness in ‘person’ and ‘conduct’ as constitutive elements of a case. The same person test requires states to prosecute exactly the same suspect wanted by the Court. As to the same conduct test, the Appeals Chamber stipulates that the conduct could be substantially the same. This article seeks to find out the meaning of the ‘substantially same conduct’. According the Appeals Chamber, the substantial sameness means that in prosecuting a case the legal characteristic of the conduct does not need to be the same. However, the Pre-Trial Chamber in the Libya situation goes further, and states that ‘the substantial sameness’ allows states to choose incidents different from those selected by the Court. The lower-level Chamber’s opinion seems to be more consistent with the complementarity principle. The ICC should refrain from competing states in selecting cases. This approach requires a broad interpretation of the same conduct test.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
373
395
https://jqclcs.ut.ac.ir/article_76123_e320dde56e18955b9b4fa3a0976c2b17.pdf
dx.doi.org/10.22059/jqclcs.2020.275277.1396
Obtain Property by unlawful in the light of money laundering regulations
Hadi
Rostami
استادیار دانشکده علوم انسانی دانشگاه بوعلی سینا
author
text
article
2020
per
Obtain Property by unlawful, which was criminalized in accordance with Article 2 of the Aggravation Act of Perpetrators Punishment of Bribery, Embezzlement and Fraud in 1988, again, provide Note 3 of Article 2 in the Anti-Money Laundering Act, Amendment 2019. This Note, does not contravene the provisions of Aggravation Act, each of which is applicable in a particular situation. Obtain Property by unlawful in Aggravation Act, according to the ultimate interpretation, only be performed by persons with state privileges. Note 3 of Article 2 on the Money Laundering Act also apply where there is a "suspicion close to certainty" for unlawful Obtaining and the legitimacy of Obtaining is not established. In this case, the strong suspicion is reinforced that property is most likely the result of criminal behavior, but the type of criminal behavior is not specific for the judge. If it is proven, property is the result of a specific crime; the acquisition of such property is considered money laundering and is not subject to the abovementioned provision. Charges of unlawful obtaining will not be admissible, if it is established that property were not the result of the crime and were a result of a civil violation. The provisions of Note 3 include property that whose unlawful source is in serious doubt, with evidence of the sudden and unusual increase in assets. So, the basis of "suspicion close to certainty" it is assumed that the money was obtained through the commission of the crime
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
397
417
https://jqclcs.ut.ac.ir/article_76130_209239d0fa45d1262cf42acd4af0a933.pdf
dx.doi.org/10.22059/jqclcs.2020.287559.1460
accompanied punishment; nature and manner in judicial proceedings
Zabihalah
rahimi
دانشجوی دکترای حقوق جزا و جرم شناسی دانشگاه مازندران
author
Abolhasan
shakeri
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران
author
text
article
2020
per
In some cases judge think that main punishment cannot have capacity reaching to intention aims completeness punishment write in verdict accompanied by main punishment, even in times that main punishment give a reduction legally judge can apply coincide or following main punishment one or some completeness punishment written in statutory according guilty situation and personality and guilt.in view of general application of rule on that accompanied punishment apply in offences caused Had, Qesas and Tazir by one until six grades it is said that legislator look to penalty only, so it is operable in unintentional offence. Of course punishment in statute is criteria, no punishment written in verdict whether it is possible less than that. Accompanied punishment alike main punishment is reprievable or abeyance. In some cases judge think that main punishment cannot have capacity reaching to intention aims completeness punishment write in verdict accompanied by main punishment, even in times that main punishment give a reduction legally judge can apply coincide or following main punishment one or some completeness punishment written in statutory according guilty situation and personality and guilt.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
419
448
https://jqclcs.ut.ac.ir/article_76131_e003952904020eb7d44bd082c9257041.pdf
dx.doi.org/10.22059/jqclcs.2020.283356.1440
Victims of identity theft in cyber space with emphasis on the experience of USA’s criminal system
Ali
Gholami
Associate Professor the faculty Islamic Knowledges and Law the University Imam Sadiq(a.s)
author
Ali
Ebrahimniya
MA of Criminal Law and Criminology
author
text
article
2020
per
Identity theft in cyber space is a criminal phenomenon which has emerged vastly due to development of virtual space in different countries including Iran but because of significant legal and technical weaknesses in controlling this crime, it has brought many losses for the country. Identity theft in cyber space just like identity theft in physical space has many victims who are subject to variant losses, but the number of victims and forms and amount of losses differs between two kinds. But what are the losses caused by this crime and how should they be compensated? What is the role of the victims and what are the difficulties in identifying them? This research will try to define the victims and their subsequent direct and indirect losses using a descriptive method and it will discuss problems in identifying victims, different ways of compensation of losses and the role of victims and other involved parties in emergence of the crime which are going to be studied comparatively and analytically in this article based on the experience of United states of america’s criminal system.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
449
468
https://jqclcs.ut.ac.ir/article_76132_2fec757c8c9b30b0e9306b76bca72b82.pdf
dx.doi.org/10.22059/jqclcs.2020.290595.1487
Consent of Offender to Sentencing: Foundations and Reflections
Majid
Ghoorchibeigi
استادیار دانشکده حقوق و علوم سیاسی دانشگاه خوارزمی
author
text
article
2020
per
Consent is a complicated concept for definition. There are three approaches in definition of consent. In subjective prospective consent is minded concept and in the objective prospective consent is an action which must be expressed and in the last one the consent has both characteristics. Consent of victim in criminal law is a conventional subject in general part of criminal law. In this context consent is an excuse or defense. Therefore consent transform a theft to gift and decriminalize the rape. Consent of offender is less discussed in the criminal law. Consent of offender has various dimensions: consent of offender to punishment in philosophy of punishment; consent of offender in criminal procedure law and consent to sentencing. This article seek to explain about consent to sentencing. Consent of offender to punishment is an exceptional issue because in the modern criminal law the punishment is a sole state instrument for inflicting the pain and suffering. In Islamic criminal Code (2014) in three cases the constant of offender is necessary for sentencing. Semi-detention, electronic surveillance and community punishments. Respecting to the right of autonomy and human being’s dignity and contractualisation of criminal law is principal reasons of this matter.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
469
490
https://jqclcs.ut.ac.ir/article_76133_5fdfa7c3133036afaa3e2fa893f2adf9.pdf
dx.doi.org/10.22059/jqclcs.2020.260187.1318
Preemptive measures: A new paradigm in the counter against terrorism
Leila
Nemati
Department of Criminal Law, Faculty of Law and Political Science, Kharazmi University, Tehran
author
Raheleh
Seyed Morteza Hosseiny
Assistant Professor, Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran
author
Azam
Mahdavipour
Assistant Professor, Department of Criminal Law, Faculty of Law and Political Science, Kharazmi University, Tehran
author
text
article
2020
per
Abstract Today, in restoring the order ruptured by terrorist acts, the mission of the legal systems and governments actuality is not summarized to the legislation of punitive laws and the constitution of criminal responses after the occurrence of terrorist crimes. But in order to control terrorism, a new strategy has been presented in legal literature, and legislative regimes have been equipped with legitimate mechanisms called preemptive strategies before the occurrence of terrorist crimes. Accordingly, with regard to the ineffectiveness of punitive-based strategies after the occurrence of terrorist attacks, the main question of this article is: what are the Preemptive measures in confronting terrorism and their nature, components And the basics of justification? In trying to answer to the question, this article uses a descriptive-documentary research method. Based on the results of this study, preemptive approaches of containment of terrorism have a preventive, punitive, retributive, restrictive and obligatory nature, and their components include legal status, early intervention in imminent danger, non-entry into the criminal proceedings and exceptional which would be taken against suspects of terrorist crimes. Preemptive measures have justification bases such as precautionary, risk management, difficulty in prosecuting perpetrators, transforming the concept of liability and reducing damages
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
491
512
https://jqclcs.ut.ac.ir/article_76134_5b252d1310b503ae5ff6ca9909c29efa.pdf
dx.doi.org/10.22059/jqclcs.2020.264378.1343
The Sociological Analysis of between formal criminal policy and punitive ethics of society
(Case study: The degree of attribution of public opinion in Mashhad city in severe physical punishment)
Mohsen
Nourpour
دانشجوی دکترای حقوق جزا و جرم شناسی دانشگاه فردوسی مشهد
author
Abdolrez
Javan Jaffari Bojnordi
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه فردوسی مشهد
author
Seyyed Mohammad Javad
Sadati
استادیار دانشکده حقوق و علوم سیاسی دانشگاه فردوسی مشهد
author
text
article
2020
per
The birth and transformation of the emergence of punishment comes from historical accumulation and the transformation of other social phenomena, and in particular the perception of public opinion about the nature and function of punishment. Due to this dependence, criminal law can’t be overlooked when it comes to criminal law. Field surveys are a way to decipher the criminal will of the community. The present paper aims at analyzing the degree of convergence of public opinion with physical punishment from the socio-cognitive perspective. This research is a descriptive-analytic type that has been surveyed. The statistical population is all citizens of Mashhad in 13 areas in 1395. Sampling was done as a combination of simple, clustering and simple random methods. Data collection was done field by using a researcher-made questionnaire. The respondents' views about non-crime punishments from different crimes were drawn up in the form of five Likert options. The results of the research show that the extent to which public opinion agrees with punishments that directly offend public feelings, such as rape, acidity, and embezzlement. On the contrary, in crimes based on satisfaction (sodomy) and in crimes that are the main cause of socioeconomic issues (drug and robbery), the rate of opposition to severe punishment is high. When legislating criminal, these diverse tendencies of public opinion should be considered. Not paying attention to these tendencies will trigger a chain of public opinion resistance against a formal criminal policy.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
513
541
https://jqclcs.ut.ac.ir/article_76135_db6504b784ede881c2bf888952a2e3b6.pdf
dx.doi.org/10.22059/jqclcs.2020.292026.1495
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text
article
2020
per
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Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
49
v.
2
no.
2020
1
12
https://jqclcs.ut.ac.ir/article_76137_2c07f290dee3a73820adfd8a3d7df801.pdf
dx.doi.org/10.22059/jqclcs.2020.76137