Criminal Law
samira ahmadiyanmoghaddam; abbas samavati; farid mohseni
Abstract
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children ...
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There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children from deviance, warning, order to pray, enjoining right and forbidding evil, and the patience of the parents in performing these tasks in a completely fluent and practical way.
In this research, using the descriptive-analytical method, while expressing a set of parents' duties including their acts or omissions based on law; Islamic Jurisprudence and teachings, the types of incentive and/or deterrent sanctions and punishments are explained. Important and valuable steps have been taken in the protection of children and adolescents such as: passing the Law on the Protection of Children and Adolescents (2019), Anticipating regulations that refer to some of the basic principles of the Convention on the Rights of the Child, including the right to life, participation, and protection of people under 18 years, Anticipating the duty of providing information for the organs, government institutions and media about the rights of children and adolescents, attracting the attention of citizens and activists in the field of children and adolescents rights and pointing out negligence towards children and its criminalization and anticipating provisions that refer to some of the basic rules contained in the Convention, including the prohibition of torture and identification of legal personality.
the lack of provisions related to gender issues and discrimination, as well as immunity for parents who violate children's rights or the exemption of parents from certain punishments due to the Article 9 of this law regarding the commission of some negligent crimes against children; are among the loopholes of this law.
Criminal Law
Alimorad Heydari
Abstract
Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in ...
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Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in most legal systems.In Iran, all kinds of sexual abuse of children, especially the newly emerging form of virtual sex -It means communicating in cyberspace with the aim of sexual harassment or sexual contact with minors -, are criminalized in Article 10 of the Law on the Protection of Children and Adolescents.The research method is descriptive-analytical (library study), and this writing is done with the critical analysis and pathology of the legal regulations in the light of the implementation challenges of these regulations.The findings of the research show that the challenges of the legislative policy regarding the virtual child, on the one hand, are caused by the conceptual and thematic ambiguities and intra-textual and extra-textual problems of paragraph 9, article 10 of the Law on the Protection of Children and Adolescents, and on the other hand, the use of reconciliation mechanisms based on the degree of crime - such as postponement, alternative punishment, amnesty, etc. - will result in the ineffectiveness of the legislative penal policy in dealing with this phenomenon.Based on this, in this article, legal ambiguities, legal problems, and the use of arbitrary institutions are examined, and the quantitative and qualitative correction of legal punishment, filing of character files and pathological attitude to open children are suggested.
Criminal Law
hosein mirzabeigi; daryosh bostani; Baqer Shamloo
Abstract
Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity ...
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Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity in rehabilitation of young offenders,while taking into scientific consideration such institutions,it is required to analyze the challenges they are facing.the present research aims to recognize and identify the treatment approach and correctional and rehabilitation policy of House of Correction in rehabilitation of young offenders.The methodology of the present research is based on qualitative method of grounded theory.Thirty teenagers based in Kerman Province Young Offenders Institution constitute the sample size of this research.To select the participants for this research,purposeful sampling method and maximum variation and theoretical saturation criterion were used.Upon,analyzing the data was resulted to creation of seven categories as follows:obligatory education,garrison space,being away from family,feeling prejudice and inequality,recreating rudeness,lack of supervising after exit and learning of criminality.the findings indicate that the plans and initiatives to keep and protect young offenders are far away from modern scientific approaches and adapting restrict protection policy,with no consideration to the needs of such kids and young offenders and providing required protections after leaving the institution and ignoring correctional and educational approaches,by no means can be resulted to rehabilitation and recovering the personality of young offenders.It is recommended that a map which specially focuses on modern approaches to restorative justice.amending and revising the articles of law related with mediationand the possibility of referring the cases associated with any crime committed by children and juveniles to merdiator to be drawn up.it is suggested that other programswhich are based on restorative justice,such as establishing rehabilitation social circles and participation of children in decision-making while focusing on keeping the best interest of the child in mind to be implemented
Criminal Law
Amin Fallah; hasan hajitabar firozjaee
Abstract
The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary ...
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The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary investigation of crimes of persons aged 15 to 18 years Shamsi, with the exception of crimes against chastity, has considered the 7th and 8th degree ta'zir crimes under the jurisdiction of a branch of the city's Public and Revolutionary Prosecutor's Office as the Special Juvenile Court. However, according to Article 315 of this law, crimes subject to the jurisdiction of the First Criminal Court, as well as the Revolution, in cases that are tried by multiple judges, if committed by adults under the age of 18, a special juvenile criminal court will try them. شد. However, this law is ambiguous in terms of competent authorities for conducting preliminary investigations and prosecuting crimes under Article 302 committed by minors and adults under 15 years of age. The authors, in this article, based on the legal standards and general principles of criminal law, come to this conclusion. It was concluded that in the case of persons under the age of fifteen, if the person is a minor, the preliminary investigation and trial of public crimes or revolution covered by Article 302 of this law will be carried out by the juvenile court, but if the perpetrator is under the age of 15, the reference Preliminary investigation and trial, the criminal court is a special case for juvenile delinquency.
Criminal Law
Hadi Rostami; Seyed Poria Mousavi
Abstract
Achievements of different knowledge such as criminology and penology and also the use of answering experiences to criminals, show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of the juvenile offender. In the meantime, documents ...
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Achievements of different knowledge such as criminology and penology and also the use of answering experiences to criminals, show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of the juvenile offender. In the meantime, documents and international regulations of human rights also with an emphasis on different components are still in search of blockage of the cycle of becoming a habit of delinquent of this category of citizens. The best interests of a juvenile offender, that as a strategic and fundamental principle was important for system of the criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make a decision about choosing methods for removal and stop of the relationship of children and teens with a criminal process forever and can be provided as a goal. By these changes in 2013 and following paragraph 1 of article 3 of the convention on the rights of the children, the criminal justice system of Iran tried to respect this principle and, in the light of readings of it, select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator had tried to respect the bests interests of juvenile in punishable crimes and on the other hand, try to respect laws (limits and retaliation) that in this way had faced significant duality.
Criminal Law
Hemmatolah Nadi Babaei; Hossein Gholami; Hassan HajitabaR; Mehdi Esmaeli
Abstract
One of the important issues related to child and adolescent crime is the adoption of a response pattern that can generally be considered in the four types of restorative, criminal, estimated, and rehabilitation. An attempt has been made to investigate the issue in the territory of the Iranian legal and ...
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One of the important issues related to child and adolescent crime is the adoption of a response pattern that can generally be considered in the four types of restorative, criminal, estimated, and rehabilitation. An attempt has been made to investigate the issue in the territory of the Iranian legal and judicial system using the field method. The methodology used in this study is qualitative and is based on the database method. The statistical population is composed of several judges of justice in Mazandaran province, assistants of the Correctional Center, and professors familiar with children's and adolescent rights. Samples were purposefully selected and an interview was used in data collection. The data were analyzed in two parts: descriptive and inferential. The results of this study have shown that in Iranian criminal policy concerning how to deal with juvenile delinquency, three types of response models, namely criminal, restorative, and rehabilitation models can be used and the estimated model has no place; However, how the criminal justice system deals with juvenile delinquency in Mazandaran province is sometimes maximal and sometimes minimal, so that in the judicial procedure of juvenile courts in Mazandaran province, the use of more than two models of criminal accountability and rehabilitation according to the age of identifiable individuals and the use of the less restorative model has been observed in judicial rulings.
Criminal Law
hasanali moazenzadegan; Ghodrat Mirfardi
Abstract
By enacting the Islamic Panel code (act 2013) the Iranian legislator emphasized on the adoption of alternative community-based responses to children crime and this is known as a special attitude. This community punishment available in article 88, 89, 90 and 94 of the code, clearly shows this new attitude. ...
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By enacting the Islamic Panel code (act 2013) the Iranian legislator emphasized on the adoption of alternative community-based responses to children crime and this is known as a special attitude. This community punishment available in article 88, 89, 90 and 94 of the code, clearly shows this new attitude. The community punishment order (CPO) was first introduced as the community service order under the provisions of the Criminal Justice Act 1972 and it is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000. The community punishment and rehabilitation order (CPRO) were introduced by the Criminal Justice Act 1991 and is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000 and is, in essence, the engagement between the community punishment order (CPO) and the community rehabilitation order (CRO). However, that legislative approach in the form of criminal policy reform social circuit judges to apply the most promising approaches based on care and correct response, but this approach has several challenges faced judicial proceedings. Effective implementation of these responses can be as effective.
