Criminal Law
Shirindokht Pirouzanfard; Mohammad Jfar Habibzadeh; Seyed Doraid Mousavi Mojab
Abstract
The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase ...
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The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase in the number of homeless people as a social harm has made governments struggle. Homeless people face criminal interventions and coercive responses due to disrupting order and security and creating fear among citizens and as violators of social norms. Criminalization of homelessness and criminalization of some inevitable and vital actions of the homeless, such as pitching tents, sleeping and urinating in public places, roadblocks, etc., which ultimately lead to their collection, fines, imprisonment, hospitalization Compulsory and other coercive measures are considered to be one of the most important manifestations of criminal intervention in the field of homelessness. In addition to reactive and repressive measures, resorting to welfare policies, support, preventive measures and non-criminal interventions in dealing with homelessness is also important.This article tries to express criminal and non-criminal approaches to homelessness and evaluate the effectiveness of these interventions. The results of the research indicate that the punishment of the homeless and the use of punitive and repressive methods as well as the preventive and corrective methods of clinical criminology have not been effective. On the other hand, treatment-oriented and problem-solving approaches with the close cooperation of the judicial and treatment systems, as well as mixing punishment and treatment, prevent the cycle of repeating homelessness.
Criminal Law
Hossein Aghababaei
Abstract
A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating ...
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A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating the mechanism of governing society in emergency situations is considered as a right and duty of the government. Emergencies change the normal course of life and require appropriate action. However, in a democratic political system, government actions in emergencies also need to be bound by law and procedures designed to manage the situation. Emergency rights are governed by regulations, management structure and procedures, and how the law is enforced in an emergency. In this article, with analytical-interpretive method, in examining the question that according to the models of dealing with the emergency situation in the law of the studied countries, is there an efficient legal system in Iranian law for managing emergency situations? The findings of the study indicate that although the existence of the mechanism of the Supreme National Security Council solves the problem of prescribed regulations and unforeseen conditions and the formation of the National Corona headquarters and the implementation of its resolutions are justified by the same logic, but according to Article 79 of the Constitution, and Benefiting from the experience of different countries, it is necessary to formulate emergency law. Comprehensive and efficient regulations that, by their automatic implementation, while managing the affairs of the country in an emergency situation, have the authority to make special regulations appropriate to the emergency situation and are responsible for regulating violations and determining the responsible body to ensure the certainty of law enforcement.