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Author(s): 

RAHAMI M. | HEIDARY A.M.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    8
  • Issue: 

    (TOME 37)
  • Pages: 

    73-104
Measures: 
  • Citations: 

    5
  • Views: 

    3530
  • Downloads: 

    0
Abstract: 

The issue of "VICTIMLESS CRIMES" or "consensual CRIMES" is a new issue, and at the same time a very important one in the realm of the studies regarding "victimology", as a now branch of criminal sciences. The novelty of the issue, specifically in the Iranian criminal law, its vagueness, and the relationship of VICTIMLESS CRIMES with some criminal policy issues like criminal proceeding, criminal statistics, fear of crime, crime prevention and restorative justice reveal the significance of the point. This article deals with the most important issues in this regard, namely defining and realizing samples of this kind of CRIMES, in order to get a better understanding and recognition of the concept of "VICTIMLESS CRIMES" or in other words "CRIMES without direct victim", and also to determine the samples of this kind of CRIMES. The article deals also with the basic elements mentioned in the definition particularly the triple elements, that is victim, damage and consensus Finally, the article examines the relation between morality and victim less CRIMES and compares them.

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Author(s): 

SADATI S.M.M.

Issue Info: 
  • Year: 

    2011
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    1-23
Measures: 
  • Citations: 

    1
  • Views: 

    1925
  • Downloads: 

    0
Abstract: 

Police is a social organization that its main task is to maintain order and security. In this view, police has the authoritarian structure. In contemporary period by advances in criminology and bringing up the issue of crime prevention, the role of police in crime prevention has been considered. In Iran, the bases of criminalization are harm and religious percepts. Religious percepts also divided in two categories of VICTIMLESS CRIMES and CRIMES with victim. So police in crime prevention should choose prevention policies that consider these two bases of criminalization in Iran. To study these policies, first we consider effect of victim logy studies on prevention policies with emphasis on the role of police in VICTIMLESS CRIMES, and then regarding the constituent elements of the crime we ponder police measures in this issue. The current structure of Iranian police has not the enough ability and skills to prevent VICTIMLESS CRIMES. The prevention of this kind of CRIMES requires accurate explaining of Islamic police structure and planning for the training of appropriate forces.

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Author(s): 

RAHAMI M. | HEYDARI A.M.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2006
  • Volume: 

    -
  • Issue: 

    70
  • Pages: 

    185-212
Measures: 
  • Citations: 

    1
  • Views: 

    1539
  • Downloads: 

    0
Keywords: 
Abstract: 

With regards to the fact that many stipulations in the criminal policy have been introduced to restore the damages inflicted on the victims of the CRIMES, today's criminal policy is heavily influenced by victimology. Hence, as the VICTIMLESS CRIMES are not subject to the criminal policy, many of its stipulations can be enforced just in case there is a victim. The reason for the exclusion of "VICTIMLESS CRIMES" from the criminal policy lies in certain characteristics of such CRIMES, which make them distinct from other CRIMES. Some of these characteristics are introduced and discussed in this article as follows:I. The criminal statistics relevant to such CRIMES suffer from very poor reliability, as their "dark number" is at its most extreme. II. Due to the absence of a plaintiff, such CRIMES barely lead to prosecution. III. Prevention of such CRIMES, particularly "situational prevention", would be quite unsuccessful; as those involved in such CRIMES display no tendency to prevention. IV. Although such CRIMES cause no direct damage to third parties, they can produce social insecurity and provide a hotbed for further CRIMES. V. The "restorative justice" which is based on compensation and restoration on behalf of the victims is not executable in such CRIMES. VI. The Prosecution procedure known as the "criminal mediation" which is dependant on the victim's participation is not executable either.    

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    -
  • Issue: 

    7
  • Pages: 

    127-146
Measures: 
  • Citations: 

    0
  • Views: 

    1405
  • Downloads: 

    0
Abstract: 

There are a lot of debates over the necessity of decriminalization of crime conducts (behaviors) which have no direct crime victims (CRIMES without victims or VICTIMLESS CRIMES) and no serious violations of the society values and norms while they are considered CRIMES by the legislator. This research has studied two cases of these deviances which are CRIMES according to article 712 of the Islamic penal code under topics of begging and vagrancy transforms into CRIMES (the Article justifies to criminalize them) and provided possibility or impossibility of criminalization of these conducts and after mentioning the proving reasons and opposing ones of decriminalization of these conducts, the result shows that the balance of decriminalization is preferable provisionally.

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Author(s): 

YARAHMADI HOSEIN

Issue Info: 
  • Year: 

    2015
  • Volume: 

    9
  • Issue: 

    4 (36)
  • Pages: 

    73-94
Measures: 
  • Citations: 

    0
  • Views: 

    1712
  • Downloads: 

    0
Abstract: 

Today CRIMES has gotten developed and complex due to the development of sxience and technology.such complexity has confronted the judicial authorities with certain difficulties. So the have to take proactive measures to deal with the new crimrs. What is of the greatest importance is the legitimacy of the evidenceand the way it is obtained. The present study aims at investigating the status of setting trap defence in the process of crime detection and primary Investigation. This is an applied descriptive kind of research. The findings of the study demonstrated that the legislator has kept silence regarding the prohibition of setting trap. May be the reason is that it is frutful in detecting such CRIMES as organized CRIMES, VICTIMLESS CRIMES, human trafficking, drug-related CRIMES.

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Author(s): 

BIABANI Q.H.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    2
  • Issue: 

    5
  • Pages: 

    68-100
Measures: 
  • Citations: 

    0
  • Views: 

    1121
  • Downloads: 

    0
Abstract: 

The most dangerous CRIMES which threaten our economic, social and even political security, due its unique characteristics, are organized CRIMES which has emerged in new shapes as the technology progresses. Because of the complexity of criminal groups and their networks and accomplices it greatly affects the economy, politics and the international society. It is not easy to detect all of their activities but most of them are organizations which have strong and rich communities. The total assest of some of these organizations may be as huge as some countries total budget. Their target is profit seeking rather than getting political strength. According to Interpol research report, fourteen percents of the GBP for developing countries and two percents of the GBP for developed countries is consumed by them. This research investigates the organized CRIMES in a documentary method. Reinforcing the combating tools and signing new regional and international contracts for cooperation's between police forces as well as legal cooperations can reduce their threats.

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Author(s): 

ZARROKH EHSAN

Issue Info: 
  • Year: 

    2010
  • Volume: 

    74
  • Issue: 

    69
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    290
  • Downloads: 

    0
Abstract: 

Due to the growing development of technology in recent times, great changes have occurred in man’s life, having positive and negative aspects; among the most important achievements is the telecommunicative progress which has brought human from telegraph and first telephones to internet phones. Such progress has caused commitment of many CRIMES, including communicative ones, which can be divided into pure telecommunicative and telecommunication-related CRIMES; each of these classes includes a wide spectrum of CRIMES.The first category constitutes of CRIMES committed with telecommunicative tools and CRIMES against telecommunicative systems; while the latter consists traditional CRIMES which are transformed by telecommunicative systems.In the Iranian legal system, despite the attempts to cover the instances of such CRIMES, a lot of partial and limited regulations and flawed criminalization have been made; a fact that necessitates a change in legislator’s approach and carrying out structural amendments in this field.

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Issue Info: 
  • Year: 

    2005
  • Volume: 

    8
  • Issue: 

    (TOME 37)
  • Pages: 

    23-48
Measures: 
  • Citations: 

    1
  • Views: 

    7730
  • Downloads: 

    0
Abstract: 

Criminalization of certain deviances was brought forth in the light of the punishment concepts of Jeremy Bantam, but further developed under the influence of the positivism school teaching, especially the Dangerous mood theory, and for the time being, is recognized as the "preventive CRIMES". Nowadays, the criminalization of such a behavior does not conform to the standards offered by the criminal law philosophers about criminalization. Considering the standards for reasons balancing, social compliance, prohibition of imposing damages on others and filtering what concerns the criminalization, in other to recognized a behavior as a crime (crimnal act) it is essential that First,the concerned behavior be inconsistent with the ethical principles and values of the society. Second, the application of non-penal actions would not be effective in counteracting that behavior. Third, there should be executive and practical grounds for fierce encounter with that behavior. As the aforesaid indications have not been observed in the criminalize tion of the preventive CRIMES, considering them as a crime can not be rationally justified. On the other hand, the nature of such deviant behaviors is so that through application of non-penal actions and preventive means, their extent can be limited. Therefore, as the first step, we should overlook the suppressive penal actions when confronting such behaviors and recommend the exercise of means law as the last penal of the Social Defense System. Iran criminal legislation does not follow a particular logic concerning such behaviors. Some of these behaviors in the Iranian Penal Code have been referred to as criminal acts, despite the fact that they are far beyond any criminalization logics.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of CRIMES by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the CRIMES of genocide, and CRIMES against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing CRIMES of genocide and CRIMES against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Writer: 

moosaienejad Azadeh

Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
Measures: 
  • Views: 

    145
  • Downloads: 

    61
Abstract: 

NOWADAYS, FINANCE IS FAR REMOVED FROM THE FORM AND SHAPE IT USED TO BE ASSOCIATED WITH IN THE PAST, AND THERE SEEMS TO BE AN UNDERCURRENT TENDENCY TOWARDS ITS MODERNIZATION, USING THE INTERNATIONAL COMMUNICATIONS TO CUSTOMIZE ITS STRUCTURE TO MAXIMIZE THE PROFITS OUT OF NEW TECHNOLOGIES IN HAND. THESE COMMUNICATIONS WILL AFFECT THE WORLD TRADE WITH THEIR INTERMINABLE ZEST FOR IMPROVEMENTS IN RELATIONS. NEVERTHELESS, THIS PROCESS MAY CAUSE COMPLICATIONS AND SIDE EFFECTS THAT CAN GENERALLY BE CATEGORIZED AS RISKS. THESE COMMUNICATIONS ARE ALWAYS SUBJECT TO BE ABUSED BY PEOPLE WHO MAY COMMIT ACTIONS CONSIDERED AS FINANCIAL CORRUPTIONS. THIS PAPER AIMS TO EXPLORE ISSUES SUCH AS MONEY LAUNDERING AND EXCHANGE CRIMES, TO IDENTIFY THEIR DESTRUCTIVE CONSEQUENCES THAT MAY CAUSE IRREPARABLE HARMS ON THE WHOLE ECONOMIC STRUCTURE.

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