Criminal Law and Criminology
Elaheh Eslami; Asadullah Movahhedi Ganjineh Ketab
Abstract
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 ...
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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
Criminal Law and Criminology
Iman Madaniyan
Abstract
Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal ...
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Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal procedure law. Therefore, it is necessary to examine the attitude of the legislator in the civil society organizations in the criminal process and apply the findings of the collaborative criminal policy in the new law.Method: descriptive-analytical method will be used in this research. The collection of information used in this research is library and document method, and internet bases, books, magazines, etc. are used. Also, the information used in this research will be collected using the slip and slip writing method.Findings: After the developments that occurred in the last two centuries regarding the foundations of criminality, criminologists have come to the opinion that in order to formulate efficient and dynamic criminal policies, in addition to the phenomenon of the criminal and the personality of the criminal, other factors of the environment and society should also be considered. and pay attention to the criminal policy beyond the penal policy. Politics has been defined as a solution to the problems of the society, and the term "criminal" has been used to refer to criminal phenomena, which all together means a solution to deal with crime.Results: Legislative criminal policy, as the first layer of criminal policy in a law-making government, consists of the legislator's deliberation and solution regarding crime and the response to it, which takes different forms according to the dependence of criminal policy on the political system of each country. Legislative criminal policy is the taste of different legislators and their choices in all types of crimes and punishments and in general how to deal with the criminal phenomenon and criminal proceedings
Criminal Law and Criminology
Iman Madaniyan; Mohammad Reza Elahi Manesh
Abstract
Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such ...
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Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such as protection of the plaintiff against confrontation with the accused, protection of the plaintiff's identity, the right to benefit from compensation and the right to protect the plaintiff against threats, each of these components is a kind of moderation in the field of recognition. Knowing the rights of the plaintiff. Method: According to the nature of the topic and the intended goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method and is based on explanation, explanation, explanation and reasoning based on the materials extracted from the sources.Findings: In the case of the plaintiff's request, if the prosecutor or the investigating officer deems the study or access to all or some of the documents in the case to be contrary to the necessity of discovering the truth, he will issue an order rejecting the request, stating the reason. The decision to reject the request mentioned in the previous point is communicated to the plaintiff in person and can be challenged in the competent court within three days. The court is obliged to consider the objection and make a decision in extraordinary time. The court's decision is final. Results: It is possible to explain the rights and criminal laws of Iran and compare the rights and powers of the plaintiff in criminal proceedings and provide the necessary suggestions in order to eliminate the defects. After explaining the situation of the plaintiff and examining the rights and powers of the plaintiff, the researcher tries to investigate the existing situation in the protection of the plaintiff in the process of proceedings, although the most worthy of comment in this process is the initial stages of the process, i.e. the entry of a person as a plaintiff. However, the plaintiff's rights have been examined in other stages and in the rules of procedure approved in 1392
Criminal Law and Criminology
Atiyeh Vejdani Fakhr
Abstract
Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented ...
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Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented is that, this category, by paying attention to (invariable elements) existing in every criminal policy (crime - deviance and government response - social response) and (relationships) existing between these elements, (structural analysis) and (modelling). In this method, (crime) is investigated as a violation of mandatory norms, usually legal (normativity-must) and (deviance) as a violation of prevailing social norms or a state of non-compliance with the average behavior (normality - the dominant state of the existing behavior) is defined. Considering the pervasiveness of legal norms (the rules of obligatory khumsah tavariyyah) in Islam, for the study of criminal policy in Iran, dividing the behavior that violates the norm into (crime) and (deviance) - in the aforementioned concepts It is not practical. Nevertheless, in the normative system of Islam, controlled behaviors are distinguished from free behaviors
