Journal of
Criminal Law and Criminology
Number 22
V11 ● N22
Autumn-Winter 2024
The Shahr -e- Danesh Institute of Law
Research and Study
(SDIL)
Managing Editor: Vahid Eshtiagh
Editor-in-Chief: Mohammad Ashoori
CONTENTS
The Optimal Framework for Criminal Policy in Addressing Acts of Violence Perpetrated Against Children and Adolescents.
shima hoseini moghadam; gholam reza mohamad nasl
Evaluation of the law on reducing the punishment of imprisonment from the point of view of risk-oriented criminal policy
Amin Nasr; Razie Ghasemi
The approach of Iran’s Criminal System on properties related to crimes
Naghmeh Makhdom; Asghar Abassi; Mehdi Esmaeili
The legal inadequacy of espionage in the Islamic Penal Code compared to the French Penal Code
seyedrohollah Aghigh
Examining the Impact of Mediation on the Realization of Reintegration Shaming in Occupational Crimes.
Rahman Sabouhi; Mohamad ali Haje Deabadi; Mohammad Khalil Salehi
The Logic of the Report Wolfenden Committee, Permissibility or Crime Evasion
erfan karimirad; mojtaba farahbakhsh; Sayed Mansour Mirsaeedi; ghasem ghasemi
Impact of Criminal Managerialism on the Country’s Judicial Criminal Policy (with emphasis on Alternative Sentences of Imprisonment); Challenges and Opportunities.
Seyedalireza Mirkamali; Nazanin Hajizade; Alireza Abdolmaleki
Legislator’s Criminal Thought Regarding Patients With Mental Disorders on the New Bill of the Protection of the Rights of People With Mental Disorders
Fereydoon Jafari; Soheil Saheb bayati
Complication of Hyperglycemia in Patients From a Criminological Point of View
Safora Mohammadsalehi Darani
Evaluation of the Role and Performance of Formal and Informal Social Organizations in the Prevention of Recidivism with an Emphasis on the Social Rehabilitation Programs of Criminals in the Prison environment (Case of Study: Social and Support Organizations under the Supervision of the Judiciary)
shahnaz haghipour; Godrat allah khosroshahi; Mohammad Hossein Pouryani
The Relationship of Prosecution by the State of the Victim and the State Where the Accused Is Present in light of the Obligation Prosecute or Extradite in the 1973 Convention
Abdollah Abedini; Sassan Seyrafi
Challenges Facing Dadyar’s Independence in Criminal Investigations
Saeed Ghaedi
The Optimal Framework for Criminal Policy in Addressing Acts of Violence Perpetrated Against Children and Adolescents.
shima hoseini moghadam
M.A. in Criminal Law and Criminology, Faculty of Humanities, Tehran Unit, University of Education, Tehran, Iran.
gholam reza mohamad nasl
Associate Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Tehran Unit, University of Education, Tehran, Iran.
Abstract
Undoubtedly, the period of childhood is widely recognized as a critical developmental phase in human existence. It is during this time that a multitude of physical and mental dimensions of the child undergo formation and maturation. Consequently, any acts of violence perpetrated against children during these delicate years can have profound and detrimental effects on their overall growth and well-being. The escalating prevalence of violence directed towards children and adolescents, along with the imperative to provide assistance to the most susceptible segment of society, necessitates a comprehensive examination of this topic. The implementation of an appropriate framework for addressing offenders holds the potential to effectively address the issue of violence perpetrated against children and adolescents, leading to a reduction in the incidence of this phenomena in the future. Hence, the objective of this study is to develop an appropriate framework for addressing the issue of violence perpetrated against children and adolescents. The present study employs descriptive and analytical research methodologies, utilizing data obtained through both library and field-based data collection techniques. The investigation encompassed three distinct groups within the legal profession: law professors, judges and lawyers, and jurists and legal specialists. Out of the total population, a subset of 140 individuals was chosen using the stratified random sampling technique. The research findings suggest that an effective approach to addressing violence against children and adolescents would need a combination of restorative and punitive measures. The restorative model is employed when addressing those who perpetrate acts of violence against children and adolescents, whereas the punitive model is utilized for individuals who engage in violence that not only offends public sensibilities but also undermines the overall social order.
Keywords
Models; Criminal Policy; Violence; Children; Teenagers
Evaluation of the law on reducing the punishment of imprisonment from the point of view of risk-oriented criminal policy
Amin Nasr
Master’s degree in Criminal Law and Criminology, Faculty of Law, Tirana Branch, Islamic Azad University, Isfahan, Iran
Razie Ghasemi
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Tirana Branch, Islamic Azad University, Isfahan, Iran
Abstract
Today, theoretical views and practical requirements have caused modern management ideas to create many changes in various aspects of human social life. It can be boldly claimed that the concept of crime is one of the concepts that is constantly changing, and this has forced the criminal justice system to provide new management solutions to control the rate of crime. Crime risk assessment and management, which came to the attention of criminal policymakers after the fall of the theory of reform and treatment of punishments, is a new approach in criminal sciences, the emergence of which has had significant effects on criminal justice systems. This approach, with the aim of removing the power of crime and increasing social security, has left many effects in the practical areas and policies of contemporary criminal justice. Today, following the practical necessities governing criminal policies, the current orientation of Iran’s criminal system, in order to reduce the amount of delinquency through management methods, has led to the mentioned approach. In this regard, the classification of punishments, the application of alternative punishments of imprisonment, the semi-freedom system, etc., are among the important measures of the Criminal Code approved in 2013 in determining the punishment. Therefore, the law on reducing the punishment of imprisonment approved in 2019 as the last will of the criminal policy makers, was approved by the Islamic Council with the introduction of fundamental reforms in the Criminal Code. Therefore, the following article will follow the parameters of the risk-oriented criminal policy in the said law with descriptive-analytical method. The findings indicate that the platforms for the implementation of crime risk management in this law are facing a challenge and the lack of a specific theoretical basis in determining the punishment is the most important problem.
Keywords
The law on reducing the sentence of probation; Crime Risk Management ;Risk Management; Crime Risk ;Punishment
The approach of Iran’s Criminal System on properties related to crimes
Naghmeh Makhdom
Ph.D. student in criminal law and criminology, Faculty of law, Ayatollah Amli unit, Islamic Free University, Amol, Iran.
Asghar Abassi
Professor, Law Department, Faculty of law and political science, chalus unit, Islamic Free University, chalus, Iran.
Mehdi Esmaeili
Professor, Law Department, Faculty of law, Tehran center unit, Islamic Free University, Tehran, Iran.
Abstract
Confiscation of property that has been posed as a punishment and in some cases, there is no clear text for it, is considered a discretionary punishment. It can be considered a precautionary or preventive measure. No property is confiscated even if it results from a crime or it is a means to commit a crime unless there is a clear law in the criminal law to confiscate the property. In such cases, even properties that are not liable to be distrained for debt are confiscated, otherwise, the property is destructed or returned. Accordingly, the defendant’s property is confiscated for the benefit of the government, the legislator has used the executive guarantees under the title of nationalization and confiscation of property to punish and punish the relevant persons. This qualitative-analytical study aims at investigating some questions on legal analysis and criminology of property related to crime in Iran’s criminal law to answer some ambiguities by studying texts on law and jurisprudence.
Keywords
Legal analysis; criminology ;property related to crime; ownership; Iran’s criminal system
The legal inadequacy of espionage in the Islamic Penal Code compared to the French Penal Code
seyedrohollah Aghigh
Ph.D.of Criminal Law and Criminology.
Abstract
Iran’s criminal system originates from the Romano-Germanic system, especially the French judicial system, however, it seems that it has not been able to take advantage of the more comprehensive view of the French legislator towards the crime of espionage, the crime of espionage is one of the main high-risk crimes that has been included in the security-oriented criminal policy and is usually The countries face maximum criminalization and repressive punishments. Therefore, the purpose of this article is to examine Iran’s criminal policy regarding the crime of espionage in comparison with French criminal policy.
This research is applied in terms of objective with a fundamental approach, and the method of descriptive analytical research and the method of collecting information is library studies.
In the criminalization of espionage, Iran’s legislator has looked at this crime with a minimal and traditional view and has not been able to consider various dimensions for the criminalization of espionage, which has modernity and flexibility and is proportional to the level of possible risks and harms of this crime, which is the reason for incomplete criminalizations. Sometimes it has become contradictory and ambiguous towards espionage and it has caused the disagreement of jurists and courts in this field; The new Penal Law bill has not been able to solve the problems raised; While the French legislator, by correcting and updating his legislative attitude regarding espionage, has been able to criminalize various dimensions for it.
Keywords
Espionage; Treason; Crimes against security; Criminal policy; Criminal laws
Examining the Impact of Mediation on the Realization of Reintegration Shaming in Occupational Crimes.
Rahman Sabouhi
PhD student, Department of Criminal Justice and Criminology, Faculty of Law, University of Qom, Qom, Iran
Mohamad ali Haje Deabadi
Associate Professor, Criminal and Criminology Department, Faculty of Law, Qom University, Qom, Iran.
Mohammad Khalil Salehi
Abstract
The purpose of this research is to investigate the effect of mediation in the realization of re-reintegration shame in union violations under the jurisdiction of the government penal organization. The method of this research is an experimental type with a control group. The sample of the study includes 52 union offenders with high-selling and fraud violations in two groups, the witness and the control group, after completing the investigation or process through a questionnaire that contains 47 items in six dependent variables, namely shame, acceptability and stigmatization, belonging and togetherness. Continuity, criminal associates, adherence to moral values, expectation of shame and pressure analysis were evaluated and measured, and then the data were analyzed using SPSS and Excell software and descriptive statistical tests and one-way multivariate covariance analysis. And then the data were analyzed using SPSS and Excell software and descriptive statistical tests and one-way multivariate covariance analysis.
The results of the one-way multivariate covariance analysis showed that there is a significant difference between the average scores of the test group and the control group at the confidence level of 0.95 (p<0.05).
Keywords
Reintegration shaming; Mediation; Occupational Malfeasance; fraud; extortion
The Logic of the Report Wolfenden Committee, Permissibility or Crime Evasion
erfan karimirad
Phd Student of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University,Tehran,Iran
mojtaba farahbakhsh
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Shahed University, Tehran, Iran (Corresponding Author)
Sayed Mansour Mirsaeedi
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science Allameh Tabatabai University, Tehran, Iran
ghasem ghasemi
Assistante Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract
The legal effect of the Wolfenden Committee’s proposals was to reduce the limitation of criminalization, that is, to decriminalize some immoral acts that actually had a religious basis. But what was the message of this retreat from criminal law is important, especially because of the discussed issues that were related to the field of ethics and the meaning of ethics. So, if decriminalization contains a prescriptive and affirmative meaning, then it should be stated that the mentioned committee was a permissive and a center for the justification and spread of immorality, while if it was evasive and its body and text lacked moral value compared to decriminalized examples, then with a discussion outside the field of morality is faced, and it can be said that decriminalization is not the same as permissibility of those actions. Based on the extra-legal approach in this research, it was investigated that there are important sociological and logical dimensions behind the legal outcome of the committee. So that the social and moral changes of the society, the change of values and the prominence of issues such as personal privacy and on the other hand the emphasis of the rules of legal ethics on duty and virtue, not right (harm) ultimately lead to the conclusion that criminal law is neither logically nor practically capable of providing for morality and the committee, by maintaining a neutral position and without moral value judgement, took a way of escaping from criminal law, and considered the real task of criminal law to deal with public manifestations of corruption, and therefore, by separating the two types of crime and guilt, he pointed out that crime evasion and Determining the limitation of criminalization in cases related to moral advocacy is not logically equal and comparable to the permissibility of immoral actions, at the same time, this logic can govern other criminalization systems as well.
Keywords
Wolfenden Committee; Limitation of Criminalization; Permissibility; Crime Evasion; Legal Moralism
Impact of Criminal Managerialism on the Country’s Judicial Criminal Policy (with emphasis on Alternative Sentences of Imprisonment); Challenges and Opportunities.
Seyedalireza Mirkamali
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Nazanin Hajizade
PhD student, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Alireza Abdolmaleki
PhD student, Department of Criminal Law and Criminology, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran. Iran.
Abstract
Most recently concepts such as criminal management have become popular in our country’s criminal justice system. This term refers to methods that make the criminal justice system more efficient and useful and make it accountable to the public by making optimal use of material and human resources. Among the solutions and results of using this system is the prevalence of quantitative politics in the judiciary as well as the phenomenon of criminal populism. On the other hand, according to statistics, the number of prisoners in the country in 1396 was 289,377, of which only about 33,032 people were sentenced to alternative imprisonment; Therefore, in the criminal justice policy of the country, only 8/5 of imprisonment sentences have been applied with alternatives to imprisonment, most of which are limited to alternative fines to imprisonment, and other alternatives to imprisonment have remained almost neglected.
The main question raised is that what are the challenges and opportunities raised in the context of criminal managementism in the desire of the country’s judicial criminal policy for alternative punishments of imprisonment? Therefore, in this research, using the descriptive-analytical method and data collection by examining library sources as well as judicial procedure, these cases have been investigated and analyzed, and the results of the research include:
Determining the effects of penal managementism on the criminal justice policy of the country in the area of using alternative punishments of imprisonment, as well as explaining the challenges and dealing with the opportunities to overcome the existing challenges in this regard.
Keywords
Criminal justice Policy ;Management; Criminal Populism; Statist;Alternatives to Imprisonment
Legislator’s Criminal Thought Regarding Patients With Mental Disorders on the New Bill of the Protection of the Rights of People With Mental Disorders
Fereydoon Jafari
Ph.D., Department of Criminal Justice and Criminology, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran
Soheil Saheb bayati
Master’s student, Department of Criminology, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran
Abstract
Statement of the problem: society and criminal system, in pursuit of the goals they seek to fulfill by indicting criminals and punishing them, sometimes encounter people who do not have a normal mental state in any of the situations of being in the society or in the different stages of committing a crime until the end of the punishment, and this issue makes challenges for the realization of these goals possible. In the current situation, apart from the medical and psychiatric guidelines, there are no comprehensive regulations that include a mechanism for identifying, introducing, guiding, treating people with mental disorders and protecting their rights against the guardians and duties they have towards them, and on the other hand, determining the status of judicial authorities in dealing with them, or they do not have the necessary comprehensiveness. Consideration of the provisions of the new bill as far as it is related to the patients and their rights in the criminal process has been considered in writing this article.
Research method: The present article is taken from the library research method in its first speech and from the analytical-descriptive method in the other speeches.
Research findings: The new bill, while innovating in some of its regulations, has tried to fix the existing deficiencies, but it faces challenges in terms of the efficiency and the possibility of applying those regulations.
Keywords
mental disorder; Criminal proceedings ;Individual rights; social defense
Complication of Hyperglycemia in Patients From a Criminological Point of View
Safora Mohammadsalehi Darani
PhD student, instructor, Department of Criminal Law and Criminology, Faculty of Social Sciences, Payam Noor University, Tehran, Iran
Abstract
From a biological-psychological point of view, one of the root issues in the occurrence of crime is hormonal changes in the body and the occurrence of hyperglycemia. This article was conducted with the aim of investigating the decrease in willpower and alertness of a person due to the increase in blood sugar in diabetic patients and the resulting complications.
Lack of insulin secretion or inability of cells to respond to it leads to high blood glucose levels (hyperglycemia), which is a clinical sign of diabetes. Several factors can cause an increase in blood sugar in people with diabetes; The pancreas is not able to produce enough insulin (type 1 diabetes), the body becomes resistant to the effects of insulin and does not secrete enough insulin to maintain normal blood sugar levels (type 2 diabetes) and increase glucose production. It is also possible that glucagon, cortisol, and adrenaline hormones act against insulin and cause high blood pressure and increased blood sugar. This complication can lead to physical problems such as; Stroke, heart diseases caused by coronary arteries, destruction of retinal vessels, kidney failure, damage to nerves, urinary and skin infections, and mental illnesses, including; anxiety and depression.
Examining each of these complications is very important from the point of view of criminology, because it leads to behavioral abnormalities in a person and strengthens the grounds for committing a crime in him. Therefore, if he commits a crime, he should found him partially responsible in terms of criminal responsibility.
Keywords
Increased blood sugar; diabetes; high blood pressure; crime; criminal liability
Evaluation of the Role and Performance of Formal and Informal Social Organizations in the Prevention of Recidivism with an Emphasis on the Social Rehabilitation Programs of Criminals in the Prison environment (Case of Study: Social and Support Organizations under the Supervision of the Judiciary)
shahnaz haghipour
Ph.D. student of Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Naragh unit, Naragh, Iran.
Godrat allah khosroshahi
Assistant Professor of Department of Law, Faculty of Administrative Sciences and Economics, Isfahan University, Isfahan, Iran.
Mohammad Hossein Pouryani
Assistant Professor of Department of Sociology, Islamic Azad University, Naragh Branch, Naragh, Iran.
Abstract
This Research Aims to Evaluate the Role and Performance of Formal and Informal Social Organizations in the Prevention of Recidivism with an Emphasis on Social rehabilitation programs for criminals in the prison environment. The findings of this Research Showed that the Implementation of International Norms as one of the Social Rehabilitation Programs in the Prison Eenvironment has not been Effective in Preventing the Recidivism of Criminals, Correctional Programs in the Prison as one of the Social Rehabilitation Programs in the Prison Environment, in the Prevention It has been Effective in the Recidivism of Criminals, the Assessment of Criminals as one of the Social Rehabilitation Programs in the Prison Environment has been Effective in Preventing the Recidivism of Criminals, the Pre-Release Programs and Measures as one of the Social Rehabilitation Programs in the Prison Environment, in In Order to Prevent Criminals from Repeating their Crimes, the Ranking of Social Rehabilitation Programs for Criminals in the Prison Environment in terms of Iimportance from the Point of view of Official and Unofficial Social Organizations are: 1. Evaluation of Criminals 2. Correctional Programs in Prison 3. Pre-release Programs and Measures 4. Implementation of Iinternational norms. The Performance of Formal and Informal Social Organizations in the Pprograms of Social Rehabilitation of Offenders in the Prison Environment is Rrelatively Favorable and in General, It can be Concluded that the Performance of Formal and Informal Social Organizations in the Programs of Social Rehabilitation of Ooffenders in the Prison Environment has not had much Strength and Intensity.
Keywords
Social Rehabilitation; Criminals; Prison; Prevention ;Recidivism
The Relationship of Prosecution by the State of the Victim and the State Where the Accused Is Present in light of the Obligation Prosecute or Extradite in the 1973 Convention
Abdollah Abedini
Faculty Member of the Institution for Research and Development in the Humanities (SAMT)
Sassan Seyrafi
Assistant Professor of International Law at the University of Tehran, Faculty of Law and Political Science
Abstract
The obligation to prosecute or extradite is a primary obligation that is mainly included in treaties aimed at combating impunity. The initial basis for fulfilling this obligation is the State in whose territory the accused is present. In this case, the concerned State should either respond positively to the possible extradition request of another State regarding the accused or initiate the prosecution of the accused. However, the question that may be raised is that if a State party to the relevant treaty other than the State that holds the accused, can it be said that due to the absence of the accused, there is no possibility of a trial, or at least it can be considered conducting preliminary investigations in order to extradite? In fact, what is the ratio of the investigation by the State of the victim and the State where the accused is present? In this article, by examining the study of the International Law Commission and the jurisprudence of the International Court of Justice, and with a special focus on the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Missions, it is suggested that, on the one hand, conducting preliminary investigations is a condition for requesting extradition and on the other hand, the delay in prosecution and trial will also be considered a violation of the obligation to prosecute.
Keywords
“Treaty obligation” “Jurisprudence” “International Law Commission” “erga omnes” “Preliminary inquiry”
Challenges Facing Dadyar’s Independence in Criminal Investigations
Saeed Ghaedi
PhD student, Department of Criminal Law and Criminology, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
Abstract
With the legislator’s deviation from the approach of pure obedience of the dadyar as one of the investigation authorities to the prosecutor in the drafting of Article 92 of the Criminal Procedure Law, an important step was taken towards the independence of this authority in the criminal investigation process. The new legislative approach promises to adopt a unified judicial policy in order to accept the investigative dadyar as a judicial authority and respect his independence. However, the lack of full-fledged entry into this field has not only caused some of the approaches and views that disrupt the independence of the dadyar to remain unsolved as in the past, but also gives every official the opportunity and courage to abuse the powers and legal loopholes. Anan has taken the initiative and with different interpretations, to strike a blow on the independence of this research authority in judicial and other matters. Therefore, what has been analyzed and targeted in the upcoming research is the analysis of the challenges faced by Dadyar’s independence in preliminary research. This qualitative research, along with in-depth interviews with some officials of Iran’s criminal justice system, revealed the most important legal challenges (ineffective intervention of the prosecuting authority, the dominance of guardianship and lack of trust in the investigating dadyar, ambiguity and overlap in the dadyar’s duties and the insular performance of this official, inflation referral cases and their extradition) and extra-legal (unregulated statism, pressure of power and wealth centers, structural and judicial requirements and expectations.
Keywords
Judicial Relationship Between Dadyar and Prosecutor; Judicial Independence; Investigative Dadyar; Challenges ;Solutions
