CRIMINAL LAW AND CRIMINOLOGY STUDIES
Year:2023 | Volume:53 | Issue:1|Papers Count:6

In this article, on the one hand, we seek to examine to what extent the management of child and adolescent delinquency has been affected by dominant models, and on the other hand, to answer the question of why the field of children's rights is still subject to the most formal and substantial reforms.This research, which analyzed the development of children's criminal law with the descriptive-analytical method, came to the conclusion that the position of the child in the support model is that of a psychologically weak, legally incompetent and socially incompatible. But gradually and under the influence of international documents, a new image of the child arose, according to which the child became the subject of rights and became the holder of rights and became an activist, whereas before that he was a tool for the benefit of adults. Research findings show that these changes have completely or partially altered the criminal justice system for children and youth. In France, the only area which, after the rights of foreigners, has undergone the most changes, both criminally and substantively, is that of childhood. The legal decree of February 2, 1945 concerning delinquent children and adolescents, after numerous modifications, was replaced in 2021 by the repeal of the Code of Criminal Justice for Children and Adolescents, considered the new charter for delinquent children and adolescents. The evolution of models as well as the substantial and formal innovations of the new law constitute the subject of this article.

Legal criminology is a practical field of criminology that analyzes the technical aspects of criminal law institutions and suggests alternative solutions. The urban planning and management system is an important institution in the country's overall structure, and crimes related to urban planning are of great significance due to the role of this area in the lives of the population living in cities. However, despite its importance, no study has examined the system's structure from a criminological perspective. Only a few studies have focused on analyzing corruption in urban planning, while other relevant crimes have been ignored. This research aims to examine and analyze the structure of urban planning from a criminological standpoint, using a descriptive-analytical approach. The urban planning system is a complex combination of various rules, regulations, and participants, making it difficult to analyze. The most significant factors contributing to the development of crime in the urban planning system are its governmental structure and the diversity of actors in the field. The financial structure of the urban planning system, coupled with its dependence on income from crime and violations, has led to the commission of numerous offenses and crimes that involve coordination between the offenders and the government and public elements of the structure. The enactment of legislation plays a crucial role in the creation of crime within urban planning structures. The current situation, which involves a scattered set of criminal regulations, confusion in criminalization and prosecution, and inadequate deterrents for criminal responses, results in significant consequences

The concept of fraudulent alienation in Iranian law possesses a complex nature, particularly in relation to criminal and civil law. Although the law acknowledges the term "alienation", legal professionals and judicial precedents have often referred to it as a transaction. Consequently, when analyzing this criminal act, it becomes necessary to delve into the exact meaning of the term and determine whether it encompasses unilateral legal actions. Additionally, the interpretation of "motive" within the realm of criminal law requires further scrutiny. From a civil standpoint, legal practitioners have proposed various possibilities, such as "nullity," "invalidity," and "non-enforceability of the contract towards the creditor," to address the legal consequences of such criminalized transactions. This article critically examines how well each of these conventional legal solutions aligns with the true intentions of the legislator and explores the potential for alternative legal scenarios. Our hypothesis posits the "absolute validity" of fraudulent alienation concerning both the parties involved in the transaction and the creditors.

An acid attack is one of the crimes and inhumane and violent act that leaves destructive, irreparable and long-term physical and mental effects on the victim's body and mind. Scientific combating with this behavior requires the adoption of a prudent and comprehensive criminal policy based on the components of the severity of punishment and protection of the victim. The current research, taking into account the law of intensifying the punishment of acid attack and protecting the victims of it, approved in 2018 in Iran and the criminal law of the two countries of India and Pakistan, while analyzing the material and spiritual elements of this crime, the criminal policy of Iran and these two countries regarding this crime evaluates. Despite the innovations of Iran's new law compared to the previous law, there is still ambiguity in the physical behaviors covered by this law. Even though This is the fact that the two physical behaviors of injecting or feeding acid to another person are disputed in Iranian law, according to the penal code of the two countries of India and Pakistan, it is clearly mentioned in the category of the physical behavior of acid attack. In all three countries, the crime of acid attack is considered as a result crime. The word "acid" is defined as a means of committing a crime in two countries, India and Pakistan, while there is no definition of this word in Iranian law. Knowledge of the occurrence of a crime is explicitly provided in the criminal law of India and Pakistan as a substitute for intention. According to the penal code of India and Pakistan, the punishment for this crime is life imprisonment. Apart from imprisonment in Indian criminal law, fine is also provided as a guarantee of execution, and in this regard, it is emphasized that the fine should be given to the victim and also a fair and reasonable amount of it to provide the medical expenses and treatment of the victim.

The "lex specialis derogat legi generali" in Iranian criminal law is facing three major challenges: First, lex specialis, especially its main symbol in Iranian criminal law, i.e. the "general law enacted after a special law", causes the invalidity of general principles of criminal law. Second, lex specialis in Iranian criminal law is not based on any law, but at the same time, it has more force in the judicial precedent. Thirdly, the history of lex specialis has been brought up with the principles of religious jurisprudence, especially Iranian private law, but without being compatible with the nature of criminal law, it has entered this field as well. Using library resources, regulations and judicial precedent, this article deals with the ratio of the lex specialis and nature of criminal law by descriptive analytical approach, and has come to the conclusion that in case of conflict between the general and special criminal law (either "general law enacted after a special law" or "special law enacted after a general law"), the general and special verbal rules in the principles of religious jurisprudence do not apply, and the general principles of criminal law apply except in cases where lex specialis has a logical justification; It means that it is not enough to be specific, but the special law must have a rational and logical justification in order to be able to stand against the power of the general principles of criminal law and throw them out of the generality.

The criminal field in Law study has long been open to many ethical debates. The emerging issue of moral luck quickly reflected itself in criminal law conversations. This article has discussed one of the types of moral luck, that is, consequential luck, in the discussion between the moral philosophy and criminal law. Consequential moral luck means that the result of the perpetrator's behaviour is effective on his moral evaluation. Consequence criminal luck is also defined as the result of the perpetrator's behaviour is effective on his criminal fate. In this article, after precise conceptual demarcation, an attempt has been made to correctly determine the center of ambiguity and to process the question of the topic of discussion carefully. The present article shows that there is no consequential moral luck, unlike consequential criminal luck. In ethics, blameworthiness is the ultimate point. In criminal law, blameworthiness is the beginning; It is a necessary but insufficient condition. This important feature, along with other rules such as expressiveness of punishment and minimality of criminal law, distinguishes the path of criminal law from moral discussions in the issue of consequential luck.