Criminal Law
MohammadAli Kazemnazari; firooz mahmoodi
Abstract
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation ...
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Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.
Criminal Law
hosein mirzabeigi; daryosh bostani; Baqer Shamloo
Abstract
Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity ...
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Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity in rehabilitation of young offenders,while taking into scientific consideration such institutions,it is required to analyze the challenges they are facing.the present research aims to recognize and identify the treatment approach and correctional and rehabilitation policy of House of Correction in rehabilitation of young offenders.The methodology of the present research is based on qualitative method of grounded theory.Thirty teenagers based in Kerman Province Young Offenders Institution constitute the sample size of this research.To select the participants for this research,purposeful sampling method and maximum variation and theoretical saturation criterion were used.Upon,analyzing the data was resulted to creation of seven categories as follows:obligatory education,garrison space,being away from family,feeling prejudice and inequality,recreating rudeness,lack of supervising after exit and learning of criminality.the findings indicate that the plans and initiatives to keep and protect young offenders are far away from modern scientific approaches and adapting restrict protection policy,with no consideration to the needs of such kids and young offenders and providing required protections after leaving the institution and ignoring correctional and educational approaches,by no means can be resulted to rehabilitation and recovering the personality of young offenders.It is recommended that a map which specially focuses on modern approaches to restorative justice.amending and revising the articles of law related with mediationand the possibility of referring the cases associated with any crime committed by children and juveniles to merdiator to be drawn up.it is suggested that other programswhich are based on restorative justice,such as establishing rehabilitation social circles and participation of children in decision-making while focusing on keeping the best interest of the child in mind to be implemented
Criminal Law
ERFAN BABAKHAN
Abstract
The phenomenon of terrorism is spreading throughout the world. It has been particularly prevalent since the beginning of the last quarter of the twentieth century. A comparative study of national and transnational criminal policy regarding the phenomenon of terrorism confirms that the dominant perspective ...
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The phenomenon of terrorism is spreading throughout the world. It has been particularly prevalent since the beginning of the last quarter of the twentieth century. A comparative study of national and transnational criminal policy regarding the phenomenon of terrorism confirms that the dominant perspective and the governing system of criminal policies in the world, whether national or transnational, are security-oriented and have antagonist policies: thus, terrorist criminals are described as "enemies of society", "dangerous criminals" and "non-rehabilitative" and are even at the forefront of dangerous criminals. Also, they are treated based on the punitive, dissuasive, and incapacitation criminal philosophy. But it seems that the antagonist criminal policy against terrorist offenders should be reversed to establish a restorative discourse with the aim of application of restorative responses. A response to terrorism crimes should not be limited to tough penal and zero-tolerance policies. In addition to these policies and measures, promoting reintegration and rehabilitation of the perpetrators for the purpose of preventing the recidivism seems to be important and necessary. The researcher tries to defend the theory of the "possibility of restoration of anti-terrorist criminal policy" with a descriptive-analytical approach and a focus on foreign law. He introduces this theory as a necessary strategy for the legislator. The author argues that policies derived from antagonist criminal law theory are promoters of terrorism and cannot and should not become the main strategy of counter-terrorism criminal policy. Rather, the appropriate criminal strategy for dealing with terrorist crimes is to design a combined criminal policy to use a combination of restorative and criminal measures, depending on the personality and status of the terrorist offenders. In this combined approach, in parallel, it is possible to apply restorative justice programs and punitive responses to terrorist offenses at the same time. And in case of failure of the restorative response and "despairing of restorative justice", the criminal process and the punitive response can be pursued.
Criminal Law
AmirHassan Niazpour
Abstract
The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection ...
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The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection of victims, rehabilitation of criminals and implementation of criminal justice responses have been mentioned to some extent. Despite, the participation of these institutions faces many challenges from different angles. Lack of clear legislative criminal policy regarding the participation of public institutions, skepticism among government institutions in order to interact with public institutions and use the capacity of these institutions to curb and respond to the criminal phenomenon, lack of public awareness of the capabilities of these institutions in the criminal justice is one of the most important challenges. Therefore, training judicial officials, interpreting laws to strengthen the participation of public institutions, preparing and drafting a comprehensive law to develop the use of the capacities of NGO s, and raising public awareness about these institutions are among the solutions and the " Instructions non-governmental institutions interact with the judiciary", which was approved to strengthen the participatory approach in the process of crime prevention and combating crime, can create an arena for strengthening the interaction of judicial institutions with NGO s. In this article, A) action-oriented and B) Reactive approaches to criminal policy in the Instructions are examined.
Criminal Law
Sepideh Mirmajidi
Abstract
In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative ...
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In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative measures in various legal, social, cultural, and economic contexts, without being limited to an ideal pattern, procedure, or process.So, the desirability of a restorative justice program does not depend on a particular model, but on having features that can bring restorative interventions as close as possible to the goals and outcomes of restorative justice. Accordingly, this article, which is qualitative in nature and descriptive-analytical in method, addresses two main issues: First. What are the characteristics of a desirable model of restorative justice; desirability in terms of the extent to which the most restorative goals and values are achieved, regardless of the model of restorative justice and second. using the method of interviewing twenty judges of criminal court (1) in a Tehran province and thirty victims of sexual violence (both men and women), also addresses this issue that if a judge's restorative interpretations are to be one step away from the status quo in cases of sexual violence and contain more and more features necessary to achieve the most restorative values, then what is the procedure? The result of the research shows that "using trained actors of restorative justice in criminal courts", in the current conditions of the Iranian criminal justice system, is a procedure that can represents the most number of features of a desirable model in these cases.
human rights
Pooneh Tabibzadeh; Reza Eslami
Abstract
This article first reviews the concept as well as the elements of participation in the process of restorative justice, and emphasizes the importance of the presence of all parties including victims, perpetrators, and the local communities, in conflict resolution in transitional society. The article also ...
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This article first reviews the concept as well as the elements of participation in the process of restorative justice, and emphasizes the importance of the presence of all parties including victims, perpetrators, and the local communities, in conflict resolution in transitional society. The article also studies the impact of participation in achieving the major goals of the transitional society including national reconciliation and peaceful coexistence. The main question of the article is whether the multi-party participation in the process of the restorative justice has an impact on the realization of the goals of the transitional society. This article argues that the participation of all parties in a transitional society, as victim, perpetrator, or local community has a great deal of impact in the achievement of these goals, and it provides for both the protection of victims and rehabilitation of the perpetrators and it provides for both the protection of victims and rehabilitation of the perpetrators.
