PAZHOUHESH NAME HOGHOUGH E KEYFARI
Year:2016 | Volume:6 | Issue:2|Papers Count:9

Enactment of Promoting Administrative Integrity and Combating Corruption Act in 2011 in fact has been due to a significant increase in financial-economic crime in government and public organizations and institutions. In other words, enactment of this Act and its title, indicates that the legislature has realized the serious threat of administrative-financial corruption against the legal survival of the socio-political system and public peace. Something that in this Act is considerable as an important innovation is administrative and financial crime prevention. This article has studied on the one hand, the situational prevention, as the aspects of criminology, and on the other hand, criminal prevention as an example of the reaction against criminal offenses, and finally, according to assay act has proposed some suggestions.

In defining the acts contrary to law, the pure legal perspective is not enough but also it should be surveyed by other perspectives such as family and psychological issues. The object of current study was to investigate the role of parental monitoring and Self-efficacy in affiliation with delinquent peers and high risk behaviors among high school students. The research method is correlation.198 one high school students were selected through a random cluster sampling method in 2013-2014 academic years, and responded to the parental monitoring, Self-efficacy, affiliation with delinquent peers’ questionnaires, and adolescent risk- taking scale. For data analysis the Pearson coefficient and stepwise regression are used. Research results showed that there were significant negative relationships between parental monitoring and self-efficacy with affiliation with delinquent peers and high risk behaviors (P>0.01). The results of regression analysis showed that parental monitoring and self- efficacy could significantly predict 21 percent variance of affiliation with delinquent peers and 34 percent of high risk behaviors. The results of current study signifies the importance of familial and psychological variables in decreasing affiliation with delinquent peers and high risk behaviors.

Religious sanctities are persons, concepts, institutions andr espected symbols that insulting them emotional arousal and can be infrastructure for extremist behaviors and serious security risks at the national and international levels. This study investigated the religious foundations in criminalization of blasphemy and has analyzed the principles of public interest and harm to others as principles can be used in criminalization of insulting religious sanctities. In addition, due to the need to separate the criticism and discussion in support of freedom of expression and insulting in support of freedom of opinion and respect for believers, challenges in criminalization of blasphemy are discussed.

The abolish themselves are skeptical about the capacity of criminal justice for crime control and believe that as long as there are easier and more human ways to control crime, punishment should not be used as a weapon in the first place. Abolitionism doctrine maintains that the formal system of criminal justice, not is less effective in the prevention of recidivism, but also criminogenic and label of crime causing him to commit crime again. Therefore, they advocates the non-interference of criminal law or, if it is investable, a minimal involvement in the process of trial. The findings of abolitionism in the criminal policy of different countries gave rise to decriminalize, depenalization and diversion. Deferred prosecution or non- prosecution is also a new concept in criminal procedure that is consistent with non-intervention criminal policy. This policy was proposed because of the failure of the traditional repressive approach of prosecution. Adversarial prosecution, judicialization and acceleration of prosecution, reduction in criminal population and regarding human dignity, selective prosecution of accuses are among the important consequences of the deferred prosecution. This article attempts to express concept and foundations of the deferred prosecution and investigates its manifestations in the Iranian criminal policy.

In many countries, the Rules of Criminal Procedure have been changed, although they are imperative and unilateral by the Government. Some of these changes, more than anything else, are derived from criminological research and findings.Although the criminology is the scientific field and due to the critical view not accepted by the governments, but has permeated in criminal law and particularly in the Code of criminal procedure and assigned different purposes for it. One of the goals of criminological is based management approach to criminal procedure and process which seeks to optimize and enhance the efficiency of the criminal process. Therefore, the content of this article is divided into four parts and the key managerial approaches of criminology are studied in criminal procedure. This article assumes that using the findings of criminology can reduce costs and use the criminal process, speed criminal proceedings and prevent committing of crime by offenders. In addition, it is noted the view of the Iranian legislator, particularly in the laws that have recently been enacted.

Achieving fair trial is required for the realization of accused rights by judicial policemen so that with regard to "equality of arms" between the prosecution and the accused about legal and judicial information, the accused must be informed of his rights and thereby the use of “defense rights "to be provided for him. The new Criminal Procedure Act, adopted in 1392, compared with the previous law, has been accompanied by new developments in this respect. Articles 6 and 52 of the new law requiring clarification as to the defendant's rights such as the right to counsel. However, the provisions of this Act for achieving a fair trial are not sufficient because they do not include some of the important rights such as right to remain silent, no formulation of precise mechanisms for supervision on realization of accused rights, no imposing of precise and appropriate sanctions for probable infractions of formal authorities. This article includes suggestions for reform to improve the realization of accused rights by judicial policemen in the new Code of Criminal Procedure filed in order to achieve a fair trial.

Relationship between crimes in general, is conceivable in different forms which is due to crime unity by multiple offenders or a multiplicity of crime by unity offender or unity motivation of multiple offenders. In addition, in real concurrence of crime we can attach a special relationship between some of the offenses in particular meaning that despite having an independence criminal description, is impossible to separate from each other and they often commit together and that's why they call them related offences. Related offences in the special status have three noteworthy approaches: unity of offences, ideal concurrence and real concurrence. In this research, by studying the legislative and judicial procedures, evidence of any opinions are expressed and finally, we explain theory and the reasons for its adoption.

Provisions of Islamic Penal Code of 1392 on retaliation indicate the lawmaker’s new approaches. It seems that filling legal gaps of previous law is among the approaches. Thus, provisions of the Code on the issues such as minors’ next of kin’s powers, relevance of superior order to murder as well as criminal sanction for abortion in its maturity are less ambiguous. Safeguarding public order is another approach of the lawmaker which is indicated by the provisions regarding, inter alia, protection of all the victims of murder and granting power to next of kin for receiving blood money without consent of murderer. In addition to this, new view of lawmaker to self-defense and to defendant’s knowledge of fatal nature of his/her act show the assessed utilization of existence capacities of different approaches of Islamic Law (“figh”) in resolving legal and judicial problems.

Economic analysis of criminal law seeks to explain decision-making and behaviour of criminals and potential criminals so as to suggest strategies and mechanisms to decrease criminal behaviour. The thesis of this approach is that the criminals, because of uncertainty of consequences of criminal behaviour, seek to maximize their expected utility and use cost-benefit analysis. So increasing the severity or certainty of punishment can decrease crime rate. In this paper, this claim will be explained and criticized. I conclude that despite of empirical observations, economic man can explain happening of some crimes. Furthermore although the proportional effects of severity and certainty on crime reduction are not certain, in the battle against the crime, economic model can be a punishment-based complement to some of the criminology theories, specially, situational deterrence theory.