Criminal Law
Alimorad Heydari
Abstract
Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in ...
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Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in most legal systems.In Iran, all kinds of sexual abuse of children, especially the newly emerging form of virtual sex -It means communicating in cyberspace with the aim of sexual harassment or sexual contact with minors -, are criminalized in Article 10 of the Law on the Protection of Children and Adolescents.The research method is descriptive-analytical (library study), and this writing is done with the critical analysis and pathology of the legal regulations in the light of the implementation challenges of these regulations.The findings of the research show that the challenges of the legislative policy regarding the virtual child, on the one hand, are caused by the conceptual and thematic ambiguities and intra-textual and extra-textual problems of paragraph 9, article 10 of the Law on the Protection of Children and Adolescents, and on the other hand, the use of reconciliation mechanisms based on the degree of crime - such as postponement, alternative punishment, amnesty, etc. - will result in the ineffectiveness of the legislative penal policy in dealing with this phenomenon.Based on this, in this article, legal ambiguities, legal problems, and the use of arbitrary institutions are examined, and the quantitative and qualitative correction of legal punishment, filing of character files and pathological attitude to open children are suggested.
Ahmad Rafiei; Ali Yazdanshenas
Abstract
The decree of state exemption from the payment of court costs in Iranian statute law has been accompanied with the abundant up and down. Although such an exemption had been specified in the civil procedural code, 1939, it has not been indicated in the civil procedural code of the public and revolutionary ...
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The decree of state exemption from the payment of court costs in Iranian statute law has been accompanied with the abundant up and down. Although such an exemption had been specified in the civil procedural code, 1939, it has not been indicated in the civil procedural code of the public and revolutionary courts in civil affairs, 2000. In spite of passing the judicial precedent by General Board of the Supreme Court and prescription of the duty of the government in payment of court costs, the existence of some special laws indicating the exemption of some institutions and organizations from payment of these costs and insertion of uncertain words in the Budget Act, 2011 specifying the exemption of “ Lawsuits on Preservation of Public Treasury’ from the payment of the said costs, has been increased to these ambiguities, the subject which is required the adoption of the strict position by legislator.
