Criminal Law
eshagh rasuli amirhajlu; Shahram Ebrahimi; fazl allah forughi
Abstract
Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, ...
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Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, especially for minor crimes and criminals without a criminal record; but its implementation in practice faces several judicial and operational challenges. In this paper, the judicial and operational challenges of decarceration are examined in light of court rulings, using an analytical-descriptive method. The obtained findings indicate that the most important identified challenges are the frequency of criminal cases, sustainable incarceration-oriented culture among judges, lack of proper infrastructure, unprepared accepting bodies and the society incarceration-centred public culture, respectively. Some of the proposed solutions to cope with the current situation are: Changing the culture of incarceration among judges by providing a proportionate execution guarantee; increasing the supreme judicial authority’s attention to the equipment needed to implement this policy in such a way that the statistics-oriented procedure of the judiciary does not distort the decarceration policy; monitoring the performance of judges in terms of adherence to macro-judicial policies in the field of community-based punishments; real and continuous monitoring of how to file Personality Record; improving the level of knowledge of judges by holding continuous training courses; upgrading the level of hardware and software facilities for applying non-custodial sentences and increasing the awareness of relevant institutions, regarding their rights and duties and reforming the culture of public punishment.
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
mehdi aghaee; nasrin mehra
Abstract
Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes ...
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Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes and violations. Situational prevention or situation oriented, as the most moderate, possessing the most widespread measures, is considered as an effective non-criminal prevention pattern and based on the statistics given by official organizations, it has a tremendous impact on the reduction of crimes and violation in different countries. In proportion to scientific and technological developments, different situational preventive measures have been updated, and due to their consistency, they can be applied in traffic violations and offences. On one hand, the analysis of suggested measures in the framework of situational prevention and on the other hand, statutory criminal policy pathology and some other practical plans linked with this kind of prevention of the offences and traffic violations are the main purposes of this article. In the sphere of Iran's statutory criminal policy "The law of compulsory insurance for damages inflicted to third parties arising from an accident of vehicles" and "The law of adjudication of traffic violations are the most important legal sources that their analysis shows that most of the components and enforcement measures either have not been predicted or their enforcement process have not been codified even in the form of by-laws, or they are far from the situational technics and criteria over them. Unfortunately, the legislature has taken situational prevention aspects into consideration only in few cases of its statutory criminal policy, although this matter is significant: the practical potentials of situational prevention has been restricted to nominal and brief dimensions. Besides, the guarantee of situational prevention approach in the society needs systematization of the variety of adopted situational measures.
Adel Sarikhani; Rooholah Akrami Sarab
Abstract
“Transparency” in administerial structure and among governmental authorities, is of highly effecting preventive measures. If related institution, by making the processvisible in official affaires, increases the risk of corruption and abuse of power, it would decrease. In addition “transparency” ...
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“Transparency” in administerial structure and among governmental authorities, is of highly effecting preventive measures. If related institution, by making the processvisible in official affaires, increases the risk of corruption and abuse of power, it would decrease. In addition “transparency” as making public confidence, would prevent the false believes, which create the oppportunity for corruption. In this papere we try to review the issue and explain its importance with regarding to Islamic thoughts
Amir Hassan Niazpour
Abstract
The Judiciary power has a duty to Prevention of crime and Rehabilitation founded 156 prinaple constitution in Islamic Republic of Iran . This Criminological duty is recognition in Developinge. economic, Social and cultural five Program Act.
This duties have many aspects with to give attention ...
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The Judiciary power has a duty to Prevention of crime and Rehabilitation founded 156 prinaple constitution in Islamic Republic of Iran . This Criminological duty is recognition in Developinge. economic, Social and cultural five Program Act.
This duties have many aspects with to give attention to a few those. This Paper study Foundatian and criminological duties of the Judiciary Power in Developing economic, Social and cultural five Program Act for analysis legislative power discourse in the context.