نوع مقاله : علمی - پژوهشی
نویسنده
گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه فردوسی مشهد، مشهد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
This study sought to analyze the constructive role of judges of the Shahid Fahmideh Judicial Complex in dealing with juvenile cybercrimes based on the Constructivist Grounded Theory.
By following a qualitative methodology, the research data were collected from fifty-two cases (April 1395 - April 1401), four intensive semi-structured interviews, and memo writing. Data collection continues until our findings reach theoretical saturation. The data were coded using MAXQDA software. By revealing the relationship between the categories, the theory was discovered.
The manner in which the reality of the problem of behavior against the law is defined by the judges will play a significant role in determining the specific model or models to respond to it. Judges often responded with a procedural approach. The patterns used are divided into two categories: the modern three-level pattern and the traditional two-level pattern. The modern three-level model was based on the centrality of protectionism, and most efforts were made to solve the problem of behavior against the law and its consequences. Whereas, the judges who believed in the traditional two-level model by adhering to legal formalism sought to determine the guilt and assess the possible risk to determine the appropriate response.
"Lack of capacity to participate with social networks" and "lack of discriminatory computer criminal policy of the digital generation" are the two main challenges faced by judges to provide constructive interpretations in line with the best interests of children and adolescents.
کلیدواژهها [English]
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