Criminal Law
Morteza Arefi
Abstract
Begging as a social phenomenon and behavior. Governments' responses to this phenomenon vary, encompassing a wide range of approaches, from mere criminalization to non-criminalization.In Article 712 of the Islamic Penal Code (1996), the legislator has considered the absolute commission of this act as ...
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Begging as a social phenomenon and behavior. Governments' responses to this phenomenon vary, encompassing a wide range of approaches, from mere criminalization to non-criminalization.In Article 712 of the Islamic Penal Code (1996), the legislator has considered the absolute commission of this act as a crime. On the other hand, Criminalization, is a process based on rationality and is done by taking into account social realities. Therefore, it is necessary to examine other models to assess the position of the Iranian criminal justice system in the face of this phenomenon. Accordingly, a comparative study of the reaction of sixteen countries to this phenomenon shows that the four countries of Iran, England, Wales and Denmark have absolutely criminalized begging: Eight countries in France, Germany, Scotland, Belgium, Jordan, Singapore, Turkey and Switzerland have criminalized this behavior on the condition that it be disruptive, aggressive and abusive, and that children and vulnerable people are abused, and four countries: Sweden, Norway, Malaysia and Canada have not criminalized or decriminalized this behavior, as the case may be.
Criminal Law
ALI SALEHI; Seyed mahmoud Mirkhalil Mirkhalili; Doraid Mousavi Mojab
Abstract
Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. ...
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Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.
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.
