CRIMINAL LAW DOCTRINES
Year:2014 | Volume:- | Issue:7|Papers Count:8

Individualized principle of preliminary judicial inquiry and applying its tools is one of the points which has a noticeable importance in the issue of dignifying the criminal procedure. It can be seen in the issue of the execution of punishments as intolerance of punishment. According to Article502 of the criminal procedure of Iran (codified 1392), if the convicted with respect to forensic medicine is not able to tolerate punishment, the continuity of imprisonment will be prevented with consideration of legal provisions. The issue of intolerance of punishment regard to the Islamic legal punishment of lashes (the penalties for Hadd offences) has been mentioned in the Islamic Penal Code of Iran. From the other side, pre-trial detention as a great court wire (order) is necessary for some cases which are implied in Articles 237 and 238 of criminal procedure of Iran (1392) and acting according to it is obligation for the interrogators. In other cases, the other court wires (orders) because of disability to introduce a bondsman or standing bail lead to pre-trial detention. Here is a question “what are the situations of ill defendants?”. Is there harmonious between dignifying principles of the Islamic criminal procedure and the duties of the interrogators? Can we believe in differential procedure? The author believes using of a kind of differential procedure which is based on criminological teachings and human dignity in the debate of pre-trial detention.

One of aims and necessary needs of recent centuries in the realm of economy and creation of wealth is material resources which man with different thoughts and attitudes chooses different paths to get. Instead of applying their material and spiritual capacities in the right, rational and legal path to obtain more profits in short time, some people take activities such as pyramid schemes which include several problems with respect to collective conscience. Such activities have destructive results in the economy, social and individual realms which need criminal policy appropriate to them. According to Single Article Act (1384), the legislator has regarded such activities a subset of corruption in economic systems and considered its material elements establishing, delegation and recruiting and meanwhile regarded mental elements knowledge and intent. Although the above mentioned Single Article Act have advantages but it includes difficulties such as incomprehensiveness. With regarding the codification of the new Islamic penal code and Article 728, legal systems such as alternatives to punishments, semi-liberty and commutation (commuting a judicial sentence) can be executed.

Studying the economic approach of the law is difficult. This approach confronts with the natural limitations and obstacles such as the absence of the economic bases for calculating the profit and loss, pain and enjoyment, favor and disfavor, usefulness and uselessness and their amount, the mentioned approach, especially in the criminal law, has a more difficulty (multiplied difficulty) because of its nonfinancial aspect. But taking an approach of a middle course, this problem will be solved theoretically. The economic approach in the criminal justice system confronts with another obstacle; because if it wants to affect the Precedent (judicial precedent) it should affect the legislator. This scientific movement is rooted in legal realism and pragmatism. Therefore, in order to apply this approach in the area of penal code of Iran, it is necessary to study the procedure of the advent, strengthening and theoretical evolution of those thoughts in this area.

The official studies and reports show that the age of drug use has been reduced in spite of spending significant economic and social costs to control drug use. This paper is going to examine this issue from the cultural criminology perspective. One of the main suggestions for effectiveness of crime control programs is to influence on deviant culture through accessing the criminological understanding. Giving this suggestion serious consideration totally changes the conformation of the young issue and drug use. According to this new conformation, some of youths accept the drug use as it is the norm. In the light of understanding of normalization process of drug use, it becomes meaningful the reduction of age and changing patterns of drug use and deliberate preventive programs can be executed. Contrary to the positivistic discourse governing the most of drug abuse policies and control programs which are based on metanarratives such as rational choice and opportunity theory, this note concentrates on the qualitative variable of the normalization of drug use, firstly, it shows the effect of this variable in establishing of drug use culture and secondly, it strengthens this proposition that the negligence of the normalization variable, the effectiveness of drug use control programs confront serious challenges.

The reduction of volume of crime or change of its kind in the step of sentencing by judges is one of methods to balance criminal justice responses with convicts’ specifications, the realities relate to convicts and crime victims that it has been entered to the criminal system by the connection between criminology and penal code. With regard criminological Criminal authorities of Iran in Article 38 of the Islamic Penal Code (1392) have known standards for reducing the volume of crime or change of its kind. Some of these orientations are rooted in theoretical criminology policy. These standards mostly taken victimological findings have been predicted. Sometimes crime occurs with effectiveness of behaviors and discourses and the situation of crime victims. Obviously, in such circumstances crime victims should be blamed and according to this reducing the volume of convicts’ punishments or creating moderation can play role in establishing criminal justice responses more realistic. Moreover, some of mitigating orientations of punishments conclude bases in clinical criminology. In the light of this branch, it is completely necessary to be criminal justice responses coincident with convicts’ individuals. Therefore, criminal justice systems can apply lightening mechanisms such as the mitigation of punishment for those convicts who have capacity of rehabilitation. Consequently, Article 38 of the Islamic Penal Code (1392) has stated the reduction of punishments from the perspective of victimology and rehabilitation.

There are a lot of debates over the necessity of decriminalization of crime conducts (behaviors) which have no direct crime victims (crimes without victims or victimless crimes) and no serious violations of the society values and norms while they are considered crimes by the legislator. This research has studied two cases of these deviances which are crimes according to article 712 of the Islamic penal code under topics of begging and vagrancy transforms into crimes (the Article justifies to criminalize them) and provided possibility or impossibility of criminalization of these conducts and after mentioning the proving reasons and opposing ones of decriminalization of these conducts, the result shows that the balance of decriminalization is preferable provisionally.

Crime prevention is the first step to establish criminal justice. The cyber space for its specific features is suitable for the situational prevention. The necessity of the situational prevention for cybercrime has been multiplied because of uncontrollable space, unknown computer users, target vulnerability, being difficult to spot crime convicts, ease to commit a crime, extensive loss, traffic density of victims and the most of computer users being under-age. Therefore with applying the technical crime prevention methods we can prevent from these crimes in some extent. This paper tries to determine different situational strategies (with relying on Clarke’s 25 situational crime prevention techniques) and through it propounds strategies to reduce crime opportunities and increase the risk associated with offending. The research method has been descriptive and analytic and the results have been in the form of necessary methods in situational crime prevention from cybercrimes.

Todays, in penal code with attention to the relationship of countries and (transnational) international relations and the absence of boarders, the organized crimes have a specific position. The importance of these crimes is because of their serious pathologies to the security, public orders of countries and people’s living and safety. Therefore, the prevention of these crimes has attracted the attention of criminologists. The identity documents for presenting the physical features and validity of persons are appropriate tools for the prevention of organized crimes. Besides increasing the risk, these documents make offenders difficult commit crimes. Increasing factors of safety in identity documents causes offenders to be hopeless and powerless in creating factitious identity. After the definition of identity documents, presenting the concept and specifications of organized crimes and determining the concept of crime prevention, this paper studies and analyzes the role of identity documents in the proactive prevention and then the role of these documents in the reactive prevention in organized crimes.