Criminal law and Criminology Studies

Abstract

Abstract اجرای مجازات اعدام در خصوص مرتکبین جرایم مواد مخدر مبتنی بر دو مقدمه است، اولاً حدی با عنوان افساد فی‌الارض در فقه تشریع شده است و ثانیاً مرتکبین این جرایم مصداق آن حکم شرعی هستند. کما این که از نظر فقهی نیز همین دو امر بایستی احراز شود تا بتوان مجازات اعدام را بر مرتکبین بار نمود؛ به عبارت دیگر بحث کبروی این حکم عبارت است از اینکه آیا از نظر منابع فقهی چنین حدی از سوی شارع مقدس تشریع شده است یا خیر؟ اما بحث صغروی این حکم شرعی آن است که بر فرض پذیرش این حکم فقهی، چه رفتارهایی را می‌توان مصداق مفسد فی‌الارض دانست؟
تاکنون بیشتر مباحث متوجه بحث حکمی این موضوع بوده است و ادلۀ فقهی، له و علیه حکم افساد فی‌الارض مورد مداقه قرار گرفته است اما به این امر کمتر پرداخته شده است که با فرض پذیرش این حکم فقهی، چه کسانی مصداق این حکم هستند و با چه معیاری می‌توان به شناخت مصادیق حکم افساد فی‌الارض همت گمارد؟ و در نهایت در تطبیق این معیار بر قانون جرایم مواد مخدر، آیا رفتارهایی که در قانون دارای مجازات اعدام هستند، واقعاً مصداق مفسد فی‌الارض محسوب می‌شوند یا خیر؟ اهمیت این موضوع از آنجایی بیشتر می‌شود که قانونگذار در ماده 286 قانون مجازات اسلامی تلاش کرده است که به ارائه تعریفی از جرم افساد فی‌الارض بپردازد و این مفهوم را روشن نماید.

Abstract With the adoption of the Islamic Penal Code in 1392, new arbitrary institutions have been introduced to the criminal justice system of Iran. These are the charter with a leniency approach to help the wrongdoer's reconciliation. An important issue is adoption of judicial culture the new arbitrary institutions. The aim of this study was to evaluate the judges' approach to new arbitrary institutions using a qualitative and descriptive-comparative method.The research method used is scaling this research is based on the purpose and nature of the subject matter, the type of applied research, the terms of the field of social research, descriptive research, and the method of writing and addressing the problem is "analytical descriptive." This research is applied in terms of its type and in terms of scale and periodicity. The statistical population in this research is the first and revision sectors of Kurdistan province in the first half of 1396, which has been selected using the available sampling method of 440 votes in the sample size of 4400 votes, resulting in definitive conviction in 2,200 cases of the mentioned branches. Research findings based on Statistics show that judges still tend to apply ' traditional leniency institutions " that seems to factors such as data integration, the lack of familiarity of the criminal with new institutions and Criminal populist approacheshas caused the " leniency institutions" be the new judges less attention.

Abstract Abstract

Among the victims of crimes , children victims , need more support ,since as future makers of human society , are one of the most vulnerable members of it.
Among them sexual victims face more dangers such as repeated crime or delinquency in the future, prostitution, being rejected from society or their friends and finally the venereal diseases.
The key question of the leading research is whether our laws and judicial practices have a differential view of the sexually transmitted children. And the research method will be analytical-descriptive.
The purpose present paper by regarding guidance of international documents and international criminal court and also the international court of Rwanda to criticize;survey ; and refer to tends to address serious legal and judicial procedure deficits of Iran and emphasize on taking specific supportive criminalization policies and the mechanisms of compensating moral, material and psychological damages imposed on juveniles.
Therefore, According to the above findings, it should be said that the Children victims of such crimes must be more strongly supported. These supports whether primitive, secondary or clinical may be in the form of differential criminal policy both judicial and legislative.

Abstract Increasing criminal phenomenon in modern societies, the need to use different means and tools needed to prevent and respond well to it. The use of civil society participation is considered crucial utilities. In criminal proceedings and in the proceedings on the authority of the state and its representatives, public share some more light to be seen. However, the use of public participation in the various stages of criminal proceedings from the discovery of the crime to criminal penalty policy approved today in various countries.
Necessities such as reducing the gap between the people and the criminal justice system and increase public confidence in the system and also utilizes the power of the people in order to enhance the effectiveness of the criminal justice system has necessitated such a partnership.
In our criminal justice legislation before the law 92 public share in the watershed area, was minimal. In Law 92 can make a variety of popular participation in criminal prosecutions to be seen. Among them, the prosecution of citizens, the participation of NGOs in the process and the use of public proceedings in courts.

Abstract Clause 49 of the protecting family law passed in 1392 in a section of clause 49, in order to keep the integrity of the family, has recognized not registering marriage as a crime and the men who do not register their marriages in an official registry office will be given a jail sentence up to one year. This study, with the aim of comparing Islamic republic of Iran’s criminal law along with the actualization of the article 4 of the law according to religious standards, criticizes this section of clause 645 using religious jurisprudential and legal reasons and presents the following reasons for proving the illegitimacy of this section of the clause: lack of registration in the Infallibles’ (Ma’soomeen) lives, the opposition of an obligation to register with the religious and moral principle of facilitating the marriage, the incompatibility of the criminalization of not registering marriage and the secretive nature of marriage, the opposition of this law with other laws, and insufficient deterrence and defeat of purpose. Subsequently, a religious jurisprudential and legal criticism of the corroborating evidence for this law which are “the obligation of registering marriage to reserve the third parties’ rights”, “keeping the family integrity and improving it”, and “the necessity of preventing other family crimes” will be presented.

Abstract Some issues are of great importance and noticeable in the realm of criminal liability of the legal entities. First, based on which method or methods the responsibility can be attributed to one who lacks the body and spirit? Second, which range of crimes can they commit? For example, are they eligible for crimes such as murder? Third, due to the specific nature of the legal entities and with respect to the objectives of the criminal law, especially consequentialism, what kind of sanctions can be applied to enforce them in a timely manner? Fourth, will the defense of due diligence by the legal entities in the prevention of the crime taken by the members suffice them to avoid from criminal responsibility? This article would compare criminal justice system in Scotland as a pioneer in the adoption of the criminal liability of the legal persons, under the influence of the criminal justice system of England, and the Iranian criminal justice system as a system, which adopted this liability later; and would answer to this kind of questions. Finally, after revealing the Iranian criminal justice system's shortcomings in this regard, solutions would be suggested to resolve them.

Abstract Desirable education has the power to transform communities into a single generation . Without any controversy, the scholars believe that the educational system of each country has a unique and decisive role in the upbringing of the next generation, and hence the prevention of crime and delinquency and, as a result, the eradication of crime in adulthood. Can not be used to prevent crime and delinquency in society, but ignore the important and effective role of the school, the second home. The school and educational system in support of children and adolescents at risk of victimization, a unique place of residence Is an alternative. Prevention in schools is remarkable in two respects: on the one hand, how to normalize normal children and prevent them from entering the world of delinquency; on the other hand, the prevention of children's school delinquency, which has important consequences such as escape from school and even suicide. While bullying is a common problem in many schools, schools can take specific measures to improve school conditions and encourage positive interactions to reduce or prevent bullying.
Through descriptive and analytical methods, this research analyzes and evaluates the role of school-based prevention programs, including strengthening social skills, by looking at the SEL global program to reduce students' harm and victimization, especially bullying victimization. The study suggests that school interventions, focusing on social-emotional skills training programs, can help all those involved in bullying by promoting positive engagement and enhancing feelings of belonging as the core of this program.

Abstract Along with the accepted principles of criminal law, both in written and unwritten systems, the mere existence of material and mental elements of a crime is not sufficient, but their coincidence is also necessary. To substantiate this necessity, different and solid reasons have been raised, however, the acceptance of the "principle of the coincidence of material and mental elements", despite the pursuit of positive effects for the realization of justice, as the highest objective of criminal law, in some cases, also causes negative effects and injustice in the criminal justice system. The negative effects of the principle of "coincidence of material and mental elements" has not been widely and deeply discussed with a single intellectual approach. There is also no in-depth debate about the way and method by which these negative effects can be zeroed or reduced. This research examins the adverse consequences of the traditional or absolutist approach to the principle of coincidence between material and mental elements. It is concluded that a "relativistic" approach to the principle of coincidence can help the criminal justice system to avoid such negative effects.

Abstract Adverse economic, social and cultural effects of smuggling along with specialized and complex discovery and proof of its realization, prevention of smuggling and deal effectively with perpetrators of acts with fast and sure punishment, quickly replacing the lost rights of the state treasury and at the same time, protection of investors and contributing economic prosperity in the country are the most important requirements for special rules for dealing with cases of smuggling. In this regard one- way vision and overcoming the repressive approach; prevents the realization of the principles and guarantees of fair trial, including the presumption of innocence, the principle of access to justice, the principle of equality of arms, the principle of independence and impartiality of courts and exercising the rights of defense such as the right to have adequate time and facilities to prepare a defense and the right to object to the vote in the accepted cases of retrial.

Abstract Functionalism is a prominent social science ideas rooted in positivism. The notions of this school in the sense of the existence of a social system separate from the people of the society as an organism with the particular value and normative necessary for its functioning and emphasizing the necessity of the conformity of all members in the direction of the functioning, order and stability of this whole, in the views of Durkheim And Parsons led to statements about the necessity of supervising each system on its potentially destructive behavior in its members and in controlling destructive conflicts. In this paper, through descriptive-analytic method, it has been tried to identify functional theories, how to interpret the readings derived from these theories in the domain of criminal investigations and its impact on the formation and development of a new type of criminal investigation with a proactive approach. In analyzing functionalist propositions in sociology, these theories have been criticized in terms of radical, abstract, imaginary, the concept of society as a pacage of value, rigidity with the negation of will, freedom and individual rights. In the same vein, the consequence of functionalism's influence in criminal investigations is on orbital information, the focus of prevention, the standard diminution of the initiation of research, the extension of the scope of research, the advancement of administrative rights in criminal procedure, the violation of individual rights and the principles of criminal procedure and the potential for discriminatory effects of the investigation process. Human factors have become obsolete.

Abstract Environmental-terrorism in Iran and France criminal law

Abstract:
Terrorism and the complexity of this phenomenon in terms of the introduction of its new types are at the head of the concerns of each legal system.in terms of Criminal law,a comprehensive criminal protection should be considered. one of the many types of terrorism, which at the same time is the most dangerous and the most common type is, environmental terrorism. Among the legal systems, for the first time,France by codifying materials in the new Penal Code of France adopted in 1992,provided a section on environmental crime of environmental terrorism,the French Criminal Procedure Act also provides for differential treatments of terrorist offenses in a separate chapter. French lawgiver by bringing the phrase in the definition of environmental terrorism in Article 421(2), which is the main element of a terrorist crime terrorism,has separated the environment from other environmental impacts, such as contamination of water, air, and so on. there is no separate crime under the name of environmental law in Iran's law, but in many laws there are manifestations of the concept environmental terrorism;one of these items is, Section 286 of the Islamic Penal Code, by stipulating, the author considers the perpetrator to be a “mof-sedo-fel-arz .In this article,we will deal with the definition and similar cases of bio-terrorism in Iranian law and its adaptation to the country of France as a leading legal system in the field of Criminalization and imposing punishiment for environmental-terrorism.

Abstract Sometimes a judge faces a legal problem with two or more legal responses that each of them is legally correct. In this situation, the judge can’t find the valid correct legal answer on the basis of the facts of the case in order to do his traditional duty for application a general rule to a case, rather, it is necessary to make decision by applying of judicial discretion and going beyond the legal rules in the set of rules. Under such circumstances, the rule of law may be severely threatened, and this is the biggest challenge faced by the judicial discretion. The normative and theoretical link between the judicial discretion and the cause of the rule of law is an important issue in the philosophy of law, but in the legal literature, and in particularly in criminal law we have not paid much attention to it. this article seeks to understand it with an emphasis on interpretive theory. Also, analyzes the extent of the judicial discretion to construct illegal sexual relationship applicability in the criminal justice system of Iran by using the qualitative research. The result shows that the judges sometimes criminalize the crime of illegal sexual relationship when they need to interpret it. In a judicial discourse, it seems that the applying of judicial discretion is far removed from the criteria of the rule of law in the recognition of instances of illegal sexual relationship

Abstract Policies against rape of national lands in Iran have often come up with legislation. The crimes in this area, like other crimes, consist of three pillars: legal, material and psychological. The scientific evaluation of structure implies bugs and various legal and judicial interpretations and increase aggressions. Also, the traditional approach and considering these crimes similar to ordinary crimes, has increased the diversity of material and psychological pillars; The crimes that threaten the survival of all living things and the ecosystem's survival, compared to the classical criminal law, which has a certain degree of social stability. Hence, the quality of the criminalization aggression on the lands in accordance with the criminological facts and modification the current condition and correction of abuse and rape need to contemplate. Nevertheless, Recruitment of differential and modern legislative penal policy, essential and balanced development of crime and quality them in all dimensions (Removing bugs in the legal pillar, explaining and intelligent matching components of the material and psychological pillars with together and raising the nature of crimes) and finally the classification of this crimes in accordance with the legal criminology, is essential.
In this research, descriptive-analytical work and relying on legal criminology tried to identify, problems related to the pillars of crimes against national lands and proposals will be made available to update and improve their effectiveness and eliminate the damage to this part of the penal policy.

Abstract Transitional justice refers to the ways of addressing the large scale or systematic Human and Humanitarian Rights violations in periods of transition from conflict and repression, that the normal system of criminal justice, due to the extent and severity of violations, is not able to provide them adequate and appropriate response. The mechanisms of transitional justice are different, depending on the circumstances prevailing in the transitional society. Transitional justice, is useing in different societies as a way to confront the legacies of oppression, war and violence. This, is accomplishing through mechanisms like criminal prosecution, truth-seeking, reparation, and institutional reforms. This paper, along with the conceptualization of transitional justice and the introduction of its various criminal and non-criminal mechanisms during the transition period, examines the acceptability of these mechanisms in transitional societies and their validity in terms of International Criminal Court.

Abstract