Criminal Law
Hamed Safaei Atashgah; Behzad Razavifard
Abstract
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors ...
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Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors that are equally or even more harmful and are committed by powerful offenders are beyond the control of the criminal law. The interaction of Corporations and States has led to the emergence of a new type of crime called "State-Corporate Crime". Today this criminal partnership has led to the global climate crisis. While the harmfulness of anti-climatic behavior is very severe and at the level of "Catastrophe"; acts and omissions such as non-adherence to climate agreements and emission of greenhouse gases (GHG), which also occur "continuously" are not criminalized in domestic and international laws. By introducing the concept of "Climate Crime" as a library study, the present work sought to answer the central question that: According to what indicators climate crime is recognized? And how criminal policymakers can identify anti-climate behaviors as crime? What criteria should be followed to identify anti-climatic behaviors and criminalize them? According to the research findings, by putting "Harm" as the center of this crime and classifying it based on the severity and occurrence of climatic harms, these harmful behaviors can be identified as a crime. The victims of this crime are countries, islands, humans, the environment, animals, etc. Therefore, climate victims are clarified in the light of the "Harm-Oriented" index and the range of climate victims is developed with a focus of "Ecological Justice".
Mohammad Rezvani; Mazaher khajevand; Hamed Safaei Atashgah
Abstract
Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family ...
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Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family stability of a criminal and on the other fosters the gradual reform of the criminals. With the proliferation of the culture of law-orientation and presenting modern theories about penal philosophy by the experts in criminology in the twentieth century, jail is identified as a punishment and various law systems have tried to mitigate the negative consequences of jail by just using jails as a punishment for the criminal without hurting their families. The question author s focus on is what semi liberty is on the basis of crime justification? And where the system is situated in the criminal policy? Semi-liberty system is the system which can be studied from a deontological and utilitarian perspective with an emphasis on crime justification. In other words, penal codes of modern systems take advantage to punish and reform delinquents in a way that they have least distance from the society. Thus, in line with the penal codes of advanced countries, Iran's penal code system has allocated the seventh section of Islamic penal code to semi-liberty since 2014. According to the related literature, this paper is aimed at studying the semi-liberty system and different aspects of it within the penal policy of Iran.
Mehdi Sabouripour; Hamed Safaei Atashgah
Abstract
Smuggling of goods and currency, as one of the main concerns in Iran, is a multifaceted phenomenon that causes disruption in the economic and social system and security of the country. Dealing with this problem in the criminal policy of Iran merits due attention. Inadequacy and inefficiency of criminal ...
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Smuggling of goods and currency, as one of the main concerns in Iran, is a multifaceted phenomenon that causes disruption in the economic and social system and security of the country. Dealing with this problem in the criminal policy of Iran merits due attention. Inadequacy and inefficiency of criminal repression leads governmental officials to pay attention to preventative measures. Similarly, the second season of Anti-smuggling of goods and currency Act 2014 in Iran has been dedicated to preventing crimes. Based on the findings of the present study, measures of the Act are about to minimize delinquency through increasing the risks of crime and increasing efforts needed to commit it. As much as Situational Crime Prevention is developed from the traditional to the technological opportunities, the success of these strategies depends on the application of technological tools. The strategy of these measures, of course, faces challenges which are discussed in this article.