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Author(s): 

Dolatkhah Pashaki Peyman

Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2023
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    535-542
Measures: 
  • Citations: 

    0
  • Views: 

    1091
  • Downloads: 

    0
Abstract: 

Criminal policy may be assessed in a framework that is defined by the logical basic elements of crime. These are the motivated and able offender, the victim or target, and control. It is only in certain combinations of these three elements that a crime can take place, and criminal policy addresses one or several of these elements. The objectives of criminal policy are defined being fourfold: to minimize the social costs of crime,to minimize the costs of crime control,to distribute these costs,and to do this in a fair manner. It is such considerations that are to be accounted for if knowledge-based criminal policy is to be defined and implemented. In reallife terms, this is rarely being done comprehensively. Criminal policy is, in contrast, often simplistically understood as „, fighting crime“, , i. e. in terms of warfare. Today, criminal policy requires careful consideration in particular because both crimes and their environment are undergoing rapid change. This puts decision-making in a particularly demanding situation and accentuates the need for valid knowledge of the situation. Therefore, there is great need of updated research on old and new forms of crime, and such research should address all central elements of crime. The near future of criminal policy is much influenced by financial crisis. This creates high demands for a more consciously knowledge-based and better quality crime control. The near future may see both positive and negative developments, the negative ones being more likely if criminal policy is not made in a responsible and comprehensive manner. The alternative of a positive criminal policy is suggested as a utopian but achievable goal.

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Author(s): 

GHOLAMI HOSSEIN

Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2010
  • Volume: 

    -
  • Issue: 

    50
  • Pages: 

    497-530
Measures: 
  • Citations: 

    1
  • Views: 

    2213
  • Downloads: 

    0
Abstract: 

The hard line criminal policy that has attracted attention from 1970s and specially 1980s, has several aspects and strategies including incapacitation through three strikes and you're out laws. This perspective has been welcomed in some countries including U.S.A. as we may name it as the overruled policy for combating against some criminals specially recidivists and career criminals in this country.In this approach as emphasizing the Necessity of neutralization and incapacitation recidivists, It is supposed that we can diminish the rate of criminality through dispelling some criminals and keeping them behind the bars of prisons. In this article I will consider the history, aspects and also the results of this policy in U.S. criminal justice system. also the adherent and Critics to this policy will be studied.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    39-67
Measures: 
  • Citations: 

    0
  • Views: 

    2466
  • Downloads: 

    0
Abstract: 

In responding to criminal phenomena, the criminal policy takes principles and methods by which its general prospects would be revealed. Nowadays, we face with increasing rate of crimes which violate security and welfare of the citizens leading to change criminal policy’s strategy from offender-based towards crime based in order to provide the security in a way that fundamental principles of criminalization, criminal liability, and sentencing are changed and bears a differential interpretations. Supposing the offenders as an enemy, it creates a hostile-oriented criminal law and due to the globalization of crimes and gross violation of national and international security, it seeks uttermost security. Stressing on extreme slogans of providing security for citizens, it seems that criminal policy has encountered a kind of crisis in the context of humanitarian law and failed to achieve its goals. Whether the security-oriented criminal policy can reach the goals in spite of the existence of serious challenges or not is a matter of concern in this article.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    3
  • Pages: 

    1-19
Measures: 
  • Citations: 

    0
  • Views: 

    12
  • Downloads: 

    0
Abstract: 

This study, using a descriptive-analytical method and library-based tools, reviews cases submitted to the Court, identifies challenges facing the proactive criminal policy governing the ICC, and offers strategic recommendations. The International Criminal Court (ICC) was established with the objective of preventing impunity for perpetrators of genocide, war crimes, crimes against humanity, and the crime of aggression. Proactive international criminal policy has thus far been addressed sporadically by scholars of international criminal law. Nevertheless, a comprehensive plan to identify the challenges of implementing a proactive criminal policy within the scope of the ICC's jurisdiction and to propose suitable and coherent strategies has not yet been developed in a specialized manner.

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Author(s): 

VARVAEE AKBAR | SEFID DARBON ABOUZAR ALIAKBARI | SAMIE ZENOUZ HOSSEIN

Issue Info: 
  • Year: 

    2013
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    165-189
Measures: 
  • Citations: 

    0
  • Views: 

    1432
  • Downloads: 

    0
Abstract: 

The aim of this study was to investigate the relationship between criminological knowledge with Islamic teachings. In this paper an attempt is made to explain the role and the effect of some of the most important religious teachings such as prayers, believing in the principle of resurrection, enjoining good and forbidding the evil, etc. on non-criminal prevention from crimes. This study has been done in a library and archive method. For this purpose, the research required data and information were obtained by studying written sources including books and scientific publications, students' theses and academic research. The results indicate that Islam is connected to the divine source of teachings whose employment can be an effective factor in non-criminal prevention of crime. In Islam, the main objective of programs and religious orders is to create a crime- free community and human education, equipped with the virtue (internal police), in a way that even without any external surveillance one would avoid committing sins and crimes and move on his way to get God's satisfaction.

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Author(s): 

Issue Info: 
  • Year: 

    2017
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    123-139
Measures: 
  • Citations: 

    1
  • Views: 

    85
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    30
  • Issue: 

    56
  • Pages: 

    103-124
Measures: 
  • Citations: 

    0
  • Views: 

    141
  • Downloads: 

    39
Abstract: 

The legislator in the amendment approved in 2014 to the direct taxes law, with the aim of fighting tax crimes and in line with the macroeconomic goals of reducing the country's dependence on oil revenues and the need to increase tax revenues, along with non-criminal mechanisms such as tax fines, the impossibility of exemption tax laws, creating joint responsibility in paying taxes, has established tax crimes and[1] without giving a specific definition of this crime, it has been limited to determining examples of tax crimes. From what we discussed in this article, we clearly see flaws in Iran's criminal policy, including legislative, judicial, and executive criminal policies, for various reasons such as, Failure of the legislature to specify the criminalization of the beginning of the crime, the passage of time for some criminals, the weakness of the judicial system in identifying the accused in some cases of tax crimes, the long process of dealing with tax cases and tax proceedings, the complexity of tax laws and regulations, the absence of The tax culture, the non-reprehensibility of the tax crime in the society's rumors, etc., have created an obstacle in achieving the ultimate goal of the legislator, which has ultimately shown the ineffectiveness of criminal punishment in dealing with those guilty of tax crimes.

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Author(s): 

Shiri Abbas

Issue Info: 
  • Year: 

    2024
  • Volume: 

    10
  • Issue: 

    3
  • Pages: 

    99-111
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

The negative consequences of prisons, the ever-increasing population of prisons, and the increase in public expenses due to the high rate of inflation, have put the use of electronic surveillance on the agenda of criminal policymakers. Electronic monitoring leads to a better realization of the principle of individualizing the punishment according to the personality of the criminal. From the point of view of preventive policy, the use of electronic monitoring tools is justified and reduces crime, especially in the case of professional criminals. Imprisonment and other punitive punishments or orders lead to arrest, cause people to receive a bad label, and as a result, develop secondary deviance in people. Electronic surveillance as a new form of punishment or substitute for supply appointments prevents the formation of secondary deviation in people.

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Author(s): 

GORBANI ALI ASGHAR

Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2010
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    161-190
Measures: 
  • Citations: 

    0
  • Views: 

    1446
  • Downloads: 

    0
Abstract: 

Cloning technology is one of the biggest new developments in medical era. Scholars and theoricians of different scientific, ethical, religious, social and legal fields including criminal, civil and international areas have taken different approaches. This paved the way for a large field to appear where different opinions and thoughts coincide. The outcome of these challenges in criminal law has resulted in enacting some laws and criminalizing cloning international aspects and in its turn in national arena in some countries. The scope of criminalization’s and prohibition of all kinds of cloning to mere prohibition of human cloning are variant. This variant criminal policy taken by government are arisen from differences in religious believes and variant ethical thoughts which govern them. Although being included in one of ten countries which have this technology, Islamic Republic of Iran has not yet taken a clear and distinct criminal policy in this respect. Conducting a brief study of the world community and criminal policy of some developed countries, this writing has also induced the governing and general viewpoints of Islamic jurists and dealt with ethical consequences of prescribing this technology and pointed out the necessity of its criminalization.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    16
  • Pages: 

    39-69
Measures: 
  • Citations: 

    0
  • Views: 

    915
  • Downloads: 

    0
Abstract: 

After the announcement of war on drug in the 1970s in the United States of America and its undesirable results، the necessity of alteration of confronting ways has been taken into account and a different policy، different from that tough one، has been exercised. This article seeks to examine and explain United States of America’ s “ national drug control strategy” ، as a country of those dealing with drug problem. Regarding that in terms of that problem، Iran has some similarities in some aspect with United States of America، so the similar action namely “ general policies of fighting against drug” is also mentioned. Actually، examining these strategies and policies، it finds out that those like a balanced criminal policy is to use all capacity and attempt to provide society with security، as much as better. These strategies and policies، in a broad spectrum include prevention، early intervention، treatment، rehabilitation، international cooperation and criminal justice reform. Consequently، these strategies and policies are to be efficient control of drug in both national and international level، which in resolving drug problem not focus merely on posterior penal response but take into account the anterior non penal response.

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