Showing 8 results for Criminal Policy
Masood Akbari, Fatemeh Ghanad, Saleh Qafari Cherati,
Volume 1, Issue 1 (4-2021)
Abstract
PPrior to approving the Islamic Penal Code Act 2013, the concept of repentance was accepted to some extent in the context of provisions related to Hudud (fixed religious penalties). In the latest efforts to revise the Islamic Penal Code, the lawmakers dedicated some articles to repentance which stipulated specific rules on the framework and other detailed provisions on applying this concept. This initiative of the legislators can be challenged on the one hand through the criminological analysis of the subject, and on the other hand, in the context of its implementation within the framework of the Code of Criminal Procedure. Due to its ignorance of modern criminological theories, particularly on victimology, the deviation of attention from offender’s personality to the criminal act, and the impossibility of realization of all repentance conditions, it appears that approving legislative provisions on repentance in the Islamic Penal Code will result in a serious crisis. Therefore, in order to reach an effective criminal policy, it is necessary that all aspects of the concept be duly scrutinized. Taking into account the substantive and procedural limits surrounding this topic, the gap between the bases of repentance in the Islamic Penal Code with the recent developments in criminal policy and also the absence of practical approaches to materialize this concept, it seems that its implementation will face challenges, thereby making the criminal policy far away from being effective.
Seyed Doraid Mousavi Mojab, Mozhgan Nemati,
Volume 1, Issue 1 (4-2021)
Abstract
The act of a political offender which is manifested in depicting the ineffectiveness of a governing structure or policy with a reformation motive and without violence requires a distinct legislative strategy and differential trial over ordinary criminals.
In countries that have recognized the principle of freedom of expression, there has been no criminalization of political activities at all, but in countries where criminalization has done, penalizing in comparison to other cases especially with regard to security offenses, is balanced and distinctive.
In Iran, after nearly four decades after the promise of the constitution to define political offences in ordinary law and how to investigate it, finally in 2015, the Law of Political Offence was adopted. However, on the one hand, the legal ambiguity about the definition of political offences and the explanation of its cases violates the "transparency principle" and has provided the basis for interpretability of legal articles and dispersion in judgments. On the other hand, judges' stereotype in considering any protesting behavior or speech of citizens anti-security due to legislator's high sensitivity to banning any act or statement of protest or critique of the sovereignty and also preferring the presumption of guilt and malice instead of the presumption of Innocence and prima facie by judges has become a serious obstacle in the way of differential investigation to political charges. This research, in a descriptive-analytical way, explores the criminal policy of Iran with regard to political offence and its challenges using library resources.
Volume 2, Issue 9 (12-1998)
Abstract
Nariman Tirgar Fagheri
Mohammad Hossein Najafi Abarand Abadi
The restriction of custodial sentences is the importance subject which suggested in the criminal policy of the most pencl system.
In this article we dislussed the global efforts and criminal legislation policy of Iran for restriction of custeidal sentence.
The main motives to notice of such policy are tbe unsuccesfully costoidal sentence in socialre reintegration of offenders goals of decreasing prison over crowching and preventional recidivism decreasing of expenditure that resulting enforcement of custoidal sentence.
Also the efforts for restrictional custoidal sentence in global level has as effects on national legislation with the guiding rules.
At this fundation we discussed regional international activities for restriction of custiodal sentence of finally the changes of Iranian criminal legislation policies in before ofter islamic revolution.
Consequencely ofter considering the global efforts to criminal legistation policy of iran we needs to supply certain practical method.
It also suggsted that to be supply certain practical method with vespect of accepted principal for sentences and with consideveing the international practical method to guiding rules in ordered to suitable used of adjustment to atieration to suspention policy of cuntiodal sentence.
Volume 7, Issue 1 (4-2003)
Abstract
Mohammad Farajiha
Assistant Professor Department of Law, Tarbiat Modarres University
This article attempts to explore the impact of criminological researches and findings on the two main areas of criminal policy: penal policy and victim policy. The question arises, however, that whether there is any connection between the policy reforms and research in these two areas and to what extent. In this article is tried to evaluate how far criminological policy in general and penal and victim policy in particular are research driven? What are the factors that influence policy _ making, and what, if any, is the role of research in it. Regarding penal policy, it draws attention to recent developments in penal law and practice that have caused concern to criminologists and discusses some of the reasons of why criminological finding appear to have had less impact on penal policy than many criminologists had hoped for. It suggests that some of may attach to criminologists for failing to establish a scientific legitimacy for their subject and concludes by arguing that criminology needs independent findings to guarantee a scientific agenda free of direct political influence. Researches on victims of crime in many societies have disclosed some real needs on their part, not only in practical terms, but also in terms of the need for greater attention from criminal justice agencies and for enhanced participation in the legal process. The rights of victims have been recognized on the level of declared policies and legislation, but, as in other areas of criminal policy, these policies are not necessarily based upon the findings of research. In victim policy, however, the conclusion that "nothing works" - which was claimed earlier in relation to penal interventions - would be premature. The problem is rather that "nothing is fully implemented.
Volume 20, Issue 2 (8-2016)
Abstract
Judicial criminal policy despite of legislative criminal policy, extends the subject of crime and the criminal consequences to the illegal acquisition of property, when it faces Article 2 of the Law of Severe Penalties. In addition, criminal behavior is extended to property acquisition through the ways, which have not been legalized by the legislator and as a result, the illegal behavior would be realized by non-action, possessing and holding property. Therefore, this article is in conformity with unfair possession. So, the judicial criminal policy, despite of legislative criminal policy, has a lot of similarities with Article 20 of Convention against Corruption on the crime issue, criminal behavior, criminal consequence and causal relationship. Pointing to the Severe Penalty, Promotion of Healthy Administrative Law and Article 20 of Convention against Corruption, reveals differentiating the criminal policy by the lawmaker in the framework of three criteria: 1- typology of crimes, 2- typology of criminals, and 3- typology of pre-criminal situation. According to the above criteria, there appear many similarities between Article 2 of Severe Penalties and Article 20 of Convention against Corruption. However, judicial criminal policy extends Article 2 to some cases of financial deviations, despite of legislative differentiation.
Volume 24, Issue 3 (12-2020)
Abstract
The impact of capital creation on the realization of economic growth and the decisive role of banks' credits in capital creation makes it more necessary than ever to legal support for the process of obtaining credit and taking preventive measures to disrupt in this process. A comparative study of "competitive banking" and "information transparency" as the most important measures to prevent the disruption of banks credit in the criminal policy of Iran and the European Union shows that despite the reflection of these measures in various EU laws and treaties and their support at different levels. Iran's criminal policy has adopted incomplete strategies and lacking of executive guaranty in this regard. Lack of legal mechanism to make banking competitive in order to facilitate credit collection, insufficient powers of regulatory bodies, lack of the right of persons to access government information in the constitution, lack of deterrent executive guaranty against violation of this right, dispersion in the rules of validation of applicants for bank loans and lack of transparency in the accreditation process are the most important examples of deficiency in preventive measures against detrimental practices of obtaining bank credits in Iran's criminal policy in accordance with the measures adopted by the European Union and require legal and procedural reforms in this regard.
Volume 25, Issue 2 (12-2021)
Abstract
Conflict of interest, which is related to the conflict between public duties and private interests of officials of public institutions, is one of the most important areas of corruption in the structure of the administrative system that may lead people to abuse their position and prefer private interests over Lead public interests; Therefore, designing a comprehensive criminal policy to manage this situation is necessary. The success of managing such a situation depends on focusing on effective measures to prevent its occurrence. Considering the importance of comparative studies in the present study, we have sought to answer the question with a descriptive-analytical method of what approach the countries of the Persian Gulf region have taken towards managing the interests of conflict and preventing corruption. The research findings show that Iran, Bahrain and Qatar have not been able to manage this issue specifically and independently through legislation. On the other hand, other countries have tried to prevent corruption caused by such a situation by formulating legislative criminal policy, which is done both through social prevention measures, especially in the form of ethical codes, and through situational prevention measures such as Depriving persons of public office or deprivation of private interest, the obligation to abstinence from interfering in a matter in which they have a personal stake, and the disclosure of private interests which, by controlling the conflict of interest situation, prevent individuals from abusing.
Volume 28, Issue 1 (5-2024)
Abstract
The crime of espionage is one of the main high-risk crimes that endangers the foreign security of countries and faces the security-oriented criminal policy of all countries, and repressive punishments are usually applied to it, because while violating the independence of countries, it makes them vulnerable to foreigners.The purpose of this article is to discuss the crime of espionage in Iran's criminal laws and shortcomings to address it, which necessitates revision and amendment to the current regulations . This research is a library study in terms of its practical purpose and research method, descriptive, analytical, and information gathering method.
The crime of espionage has been addressed in various codes, such as the Islamic Penal Code, the the Punishment of Armed Forces Crimes code, and the Law on Cyber Crimes code, , and the analysis of these laws reveals the ambiguity and contradictions in different articles, which shows the fragmented and partial view of the legislator in this field. It is necessary to review the crime of espionage in different criminal codes under a comprehensive system. The examination of the new bill of the Penal Law also shows that this bill has not solved the problems raised.