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Issue Info: 
  • Year: 

    2013
  • Volume: 

    -
  • Issue: 

    4
  • Pages: 

    167-184
Measures: 
  • Citations: 

    2
  • Views: 

    1046
  • Downloads: 

    0
Abstract: 

herbert Packer, a Stanford University law professor, constructed two models, the Due PROCESS Model and the Crime Control Model. The first model operates like conveyor belt which is going to present a convenient way to confronts Defendants.Rather, the justice CRIMINAL system which is compatible with the Crime Control Model instead of striking a balance between the rights of the accused and the society has mind to arrest, convict and punish the defendants. But in the second model, the functionalists of the CRIMINAL justice system should mind to provide the reasonable search of the defendants and consider the rights of defendants. The Crime Control Model highlights with four categories in the CRIMINAL PROCESS. According to the paper findings, the Crime Control Model in the CRIMINAL PROCESS in the presumption of guilt demands guilt, the repression of crimes is in the accusation stage and the right of the accused silent is not accepted and at last in the procedure level, the CRIMINAL dispositions should have a premium on speed and finality.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Rostami Hadi

Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2022
  • Volume: 

    28
  • Issue: 

    108
  • Pages: 

    297-321
Measures: 
  • Citations: 

    0
  • Views: 

    33
  • Downloads: 

    0
Abstract: 

As one of the main branches of CRIMINAL policy, judicial CRIMINAL policy plays an effective role in crime control. This role is played via the responses various institutions of the CRIMINAL Justice System give to crime, the issuance of verdicts, writs, judicial procedures, preventive measures and the application of macro and strategic decisions. Since the second half of the 00s, the Iranian judiciary has been issuing various circulars and directives, some of which are also authorization seeking, and in doing so it has distanced itself from legislative CRIMINAL policy and pursued other goals. The stagnation of the CRIMINAL PROCESS, the encountering of masses of files and cases, and the ineffectiveness of settling claims within a reasonable time, is the main reason behind the tendency towards circular policy, which seeks deviation from the law, diversion, mediation, conciseness, and other alternative remedies.In contrast, using directives such as Article 477 of the Code of CRIMINAL Procedure, judicial-CRIMINAL policy has given all persons the right to object to definitive votes. This has created a crisis by helping to open closed lawsuits under the pretext of "clarifying sharia" and increasing the burden on the CRIMINAL Justice System, and thus prescribing a dual approach to overcoming challenges. Without a doubt, policy which allows you to pass from law to directive, restricts the rights of individuals, and not only fails to help solve problems but also exposes the crisis within the CRIMINAL policy PROCESS.

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Author(s): 

ROSTAMI VALI

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2007
  • Volume: 

    37
  • Issue: 

    2
  • Pages: 

    139-171
Measures: 
  • Citations: 

    4
  • Views: 

    3096
  • Downloads: 

    0
Abstract: 

Nowadays, the ever increasing development of CRIMINALity phenomenon, along with appearance of modem and various kinds and volumes of crime and CRIMINALity; infirmity and inefficiency crisis, as well as the CRIMINAL justice system's failure in suing mere penal sanctions in crime preventing, confronting with CRIMINALity and reforming CRIMINALs; necessity to increase and reinforce the CRIMINAL policy plans, and other economical, social, political and criminology factors have drawn attention into the fact of civil society's participations in CRIMINAL policy plans.These factors have also brought up a new attitude towards the CRIMINAL policy, based on the active and widespread participations of civil society's elements including, CRIMINALs, victims and particularly people, in different PROCESSes of compilation and execution of the CRIMINAL policy, especially within executing PROCESSes including: crime prevention stage and reacting to CRIMINALity phenomenon stage in CRIMINAL viewpoints and schools, which is called "participative CRIMINAL policy" People's participation in reactional responding PROCESS, which is part of this topic, contains various dimensions and parades, as well as various delicacies and intricacies, and is a controversial issue of great importance.

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Author(s): 

Gholami Hosein | MOGHADAM ALI

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    2 (9)
  • Pages: 

    179-202
Measures: 
  • Citations: 

    0
  • Views: 

    496
  • Downloads: 

    0
Abstract: 

Confidentiality is an important component of CRIMINAL mediation. Without observing the principle of confidentiality of the mediation PROCESS, it is impossible to have a meaningful dialogue between the victim and the offender. If the mediation environment does not guarantee the principle of confidentiality, it may be up to the perpetrator and victim to not participate in the PROCESS, Therefore, ensuring the participation of the victim and the offender is one of the main reasons for the nature of the confidentiality of this PROCESS. The principle of confidentiality of the mediation PROCESS is recognized in international documents and treaties and in the laws of different countries. Most CRIMINAL mediation regulations have stated that this is a confidential PROCESS, but in some cases the information and conversations and documents presented may not be generalized or disclosed, or in some cases, the mediator has a duty to disclose it or maybe There is a conflict between the rules of confidentiality in the mediation PROCESS and other CRIMINAL and legal rules. Therefore, mediators should warn participants in mediation hearings that, other than the necessary information in the case, any acceptance of past crimes, such as confessions for offenses or threats of future offenses, may not be considered confidential and the court will use these evidences and grounds for subsequent proceedings.

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Author(s): 

Sadeghi Valiolah

Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    8
  • Issue: 

    28
  • Pages: 

    9-45
Measures: 
  • Citations: 

    0
  • Views: 

    624
  • Downloads: 

    0
Abstract: 

Despite the fact that the depenalization has been policy in the last decade in Iran, But Policy enforcers or its implementers have been less concerned from the perspective of policy analysis. While, these enforcers play an important role in the implementation and development of this policy with their vote and authority. Therefore, the evaluation of the role of policy implementers is the subject of this article. for this purpose, the actions of the head of the judiciary, Judges of the CRIMINAL Courts, Appeals courts, Supreme Court, Deputy of the execution of CRIMINAL sentences, Prosecutor's Office of Judges, Amnesty & Discounted Commission and Councils on Prisoners Affairs are organized in four levels: policy making, sentencing, Suggestion and Supervision. This typology indicates that despite taking measures and actions in this regard, implementers can be more active by implementing the legal grounds and authority. as well as it seems that the matching of implementers is necessary to balancing the its development.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    19
  • Issue: 

    2-3 (68)
  • Pages: 

    321-330
Measures: 
  • Citations: 

    0
  • Views: 

    11309
  • Downloads: 

    0
Abstract: 

Character is a set of apparent and non-apparent characteristics of one`s behavior that has more stability and manifestations and somewhat predictable. Traditionally, there are disagreements for determinism and authority, some have the full authority, some were fatalists, and the third group respects to the important role of CRIMINAL in penal PROCESS by reject the recent theories. Recent theory fans necessarily emphases to study the CRIMINAL character beside mading a file called “personality identification dossier”. Personality dossier contains the results of studies and medical tests, psychology, psychiatry, and social studies about convicted and sentenced ones.In Iran’s CRIMINAL law, some rules such as Articles of 18, 37, 38, 43, 60, 64, 152, 188, etc, Islamic penal code Act of 1392 and Article of 222 from CRIMINAL procedure, implicitly, and Articles of 47 and 64 from prisons executive regulation and the country Security and Educational actions, Act of 2005 in the stage of implementing prison sentence, explicitly, addressed to mading personality identification dossier. Field studies conducted in prisons and rehabilitation centers in the country, as evidence that scientifically –practically not making such a document. Different factors impede the proper exercise of judicial decisions and legal establishment in Iran that generally could pointed as Legal, judicial and obstacles barriers. The only way to overcome these impediments is collaborative effort by the three branches (include legislative, executive, and judicial).

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Author(s): 

Qasemi Firouzabadi Narges | Rahimi Sayyidah Vahideh | Rahman Setayesh Muhammad Kazem

Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    239-268
Measures: 
  • Citations: 

    0
  • Views: 

    168
  • Downloads: 

    17
Abstract: 

How to profoundly change the beliefs of the polytheists during the age of revelation from the denial of the Prophet (pbuh) to the certainty of his Message and the acceptance of his full guardianship is a question worthy of attention. The order of verses about prophecy based on the order of revelation is the reason to lead a transformative PROCESS and a special Quranic method in institutionalizing the belief of prophecy in the lives of Arabs. In the first stage, the Holy Quran in the first Makkī (Arabic: المکّیّ, suras revealed in Mecca) chapters has prepared the community from the motivational side to accept the truth of the Prophet’s (pbuh) prophecy and briefly stating the key issues surrounding it. The Holy Book of Quran at the time of the emergence of oppositions and doubts (the second stage) destroyed the arguments of the polytheists and explained the prophecy and proved its authenticity from a cognitive perspective in the second stage by presenting clear arguments. and the Holy Book of Quran in the third stage after Madanī (Arabic: المدنیّ, suras revealed in Medina) period has undertaken measures in order to fulfill the goals of the Massage by explaining the true position of the Prophet (pbuh) to deepen and operationalize the Prophetic belief through explaining practical duties for the Prophet (pbuh) and behavior based on the acceptance of Walaya (Arabic: ولایة, meaning “guardianship” or “governance”).

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    -
  • Issue: 

    2
  • Pages: 

    3-36
Measures: 
  • Citations: 

    0
  • Views: 

    1056
  • Downloads: 

    0
Abstract: 

Committing crime against a person, in addition to multiple physical, financial, psychological and emotional injuries for the victim, on the one hand, it places him in the various maze of medical, judicial and police centers and in the other hand, he will be faced with the intervention of others and various cases including CRIMINAL, legal, administrative cases and others.Suffering injuries, he does not have any previous physical and mental ability.Thus, in addition to identifying the problems and the needs of crime victims, the foundation of their rights in the CRIMINAL justice PROCESS should be based on solid one. Undoubtedly, respect for the high value of human dignity as one of the fundamental, equal and inevitable transmission rights of human being, is based on a strong foundation. It consists of three basic rights: identification, cooperation, supporting and compensating the damage of the crime victim that the examples of these three rights will be considered in this paper.

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Author(s): 

NIAZ POUR AMIR HOSSEYN

Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    28
  • Pages: 

    365-380
Measures: 
  • Citations: 

    0
  • Views: 

    1556
  • Downloads: 

    0
Abstract: 

Reactive or CRIMINAL prevention of delinquency consists of complex measures and actions of CRIMINAL justice system that have been applied after committing to a crime in order to deter potential and actual CRIMINALs from committing the first or another crime. CRIMINAL policy makers usually use several mechanisms for accelerating CRIMINAL PROCESS to stop prolongation the time of tribunal, ignoring the rights of actors of CRIMINAL suits and preventive function of CRIMINAL justice system. In this paper, accelerating the CRIMINAL PROCESS in both national and international CRIMINAL policy is investigated.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2019
  • Volume: 

    25
  • Issue: 

    96
  • Pages: 

    71-98
Measures: 
  • Citations: 

    0
  • Views: 

    553
  • Downloads: 

    0
Abstract: 

Many questions have been arisen for making CRIMINAL law, as an effective and impressionable law which is resulted from conflicts and interactions like any other law however there is no much information how to emerge it. This research which is conducted by using descriptive-analytical method seeks to answer the main question that which discourses can play major role in making CRIMINAL law as well as how can they do? The hypothesis is that "discourses play either an independent role in this PROCESS or providing a ground for (playing role of) other discourses. " Findings imply that making a law requires taking several steps which can be known as a legislative PROCESS. Studies show that the macro discourses of this PROCESS can be identified in two categories: main and contextual discourses. The main discourses refer to political and economic discourses. But cultural, social, and religious discourses are categorized as contextual discourse. Generally, with respect to the discourses’ roles and functions as well as their impacts on law-making PROCESS are directly and indirectly divided into two categories mentioned above.

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