CRIMINAL LAW RESEARCH
Year:2018 | Volume:6 | Issue:23 |Papers Count:9

Postmodern or constitutive criminology is one of the theories of critical criminology which was born in the 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the sceptical versions of postmodernism that have influenced humanities and social sciences, postmodern criminology provides an affirmative approach, and despite accepting the criticisms of postmodernism on modernism and in particular positivist empiricism, it does not believe in nihilism and subjectivism. Such theory does not accept the one-dimensional readings of crime which pre-existed in criminology, but combines different theories from various scientific disciplines, and uses all flows of thought in the realm of postmodernism to provide a compressive analysis. Seeing criminology as a social fact has no place in this theory, and postmodern criminologists are of the opinion that complicated causation theories like chaotic theory are needed due to the complexity of social engagements and personal relationships. Taking postmodernism on board, the cause of crime is not predictable and linear; but rather is sensitive to initial conditions and unpredictable. That being so, in this descriptive-analytic study we attempted to investigate and analyze the theoretical and intellectual dimensions of postmodern criminology on crime, both regarding concept and causation.

According to the new Criminal Procedure Code, the government's responsibility is accepted for damage caused by the arrest of the innocent suspect whether the damage is attributable to judge or other persons’ fault.The given law, in addition to recognizing the “right” of an injured party concerning the, suffers due to temporary detention, has guaranteed the special procedure in order to implement this right. This legislative measures can be interpreted as a step towards the realization of a fair trial and respect for the presumption of innocence (Article 37 of the Constitution of the Islamic Republic of Iran).This Anticipated legal system in the new Criminal Procedure has placed the government as a barrier between the injured party and the offender judge. Accordingly, innocent suspect demands the damage caused by the temporary detention from government and the government can refer to the blamable judge after the compensation under the circumstances.

The right of arrest is one of the foremost authorities that has been awarded to authorities of the criminal justice system in order to fight against crime effectively.Although attempts have been made to avoid arresting innocent persons by requiring officers to use criteria such as reasonable suspicion before detention, the verdict on the innocence of arrested defendants is issued. In this case, the fundamental question arises as to whether the detainee can claim compensation for detention and losses.Although the pros and cons raised, the arguments of proponents is stronger than the opponents. In this regard, in recent decades under various criminal justice system including France (since 1970) and Iran (since 2014), the right of compensation for innocent arrested defendants has been accepted. This article tries to study this institution in Iranian and French criminal justice system by taking advantage of a comparative approach.

Criminal Investigation Rights focuses on laws and regulations to discuss crime detection, identification of the accused, proof of delinquency, identification of the victim and determination of material and moral damage to him. Criminal investigation processes begin with a victim's complaint, the announcement of official and informal officials, information by legal and natural persons, victim supporters, or the detection of a crime by the police. The main challenge at this stage is the lack of complaints and the reporting of victim to the police and criminal justice institutions. Victimization examination and crime scene investigation are the main axis of the criminal investigation law. The testimony of intuition, testimonials, and expert reports are effective in discovering the truth and proving criminal misconduct, which is always part of the topic of criminal investigation rights. In the past, the law of criminal investigations focused on delinquent, victim studies have caused criminal investigations to pay attention to the role of the victim. This article has been written based on a victim support approach and a review of the issue in the field of victimology.The main topics discussed include the launch of criminal investigations and its challenges, the role of the victim in local examination and local investigation, and the role of the victim in the investigation of crime scenes.

Increasing the costs and risks of crimes has been emphasized in the police controls of drug markets to make dealers reluctant to be engaged in the market or even arrest them. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. Hence, the main question is how drug markets respond to the police programs? Do these policies decrease supplying of drugs or the main parts of such markets are faced with the temporal, tactical, and geographical displacements? In this study, three methods are used: a) deep interview with 27 drug dealers b) non-participant observation of drug dealers activities in the drug market, and c) discourse analysis of formal official. The Findings suggest that dealers manage the risks in drug markets by different strategies: Changing times of selling drugs, using different techniques such as carrying a few drugs, changing market place, selling drugs to friends, etc. From this point of view, staying in the drug market and selling drugs challenge the effectiveness of police intervention in drug markets. Moreover, the entry of new dealers, change in the type of drugs and adding impurities in the drugs make police interventions ineffective.

Public transactions are one of the main ways of spending public budget, and therefore, are one of legal means for committing economic corruption; accordingly, applying a legal mechanism on them seems to be necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are facing with flaws causing the possibility of committing corruption through them. During the years of research on laws of the member countries, the Organization of Economic Cooperation and Development (OECD) has provided recommendations for amendment of their laws which also could be useful for legal amendments in Iran. Using a descriptive-analytical method, this article recognizes such flaws in quintuple steps of public transactions (including assessment of necessities, pre-bidding and bidding, conclusion of contracts, implementation of contracts and final audit) in the light of OECD recommendations and recommends the enactment of an exhaustive criminal Act in this field and amendment of current laws on tenders and auctions for curbing corruption.

The transitional justice, basically, follows three major goals in post-conflict societies, namely, reconciliation, the rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in the realization of those goals. This article argues that the restorative justice paves the way for achieving the goals of transitional justice since it corresponds properly to the post conflict situation in transitional societies. This article proposes that the restorative justice stresses the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice.

The compensation for bone injuries are defined in a set of rules and theories in relation to the limb including that bone. Considering the fact that some types of bones, including the spine, do not belong to any limbs and consequently are out of the set of rules, they need separate examination in order to determine the damages. The spine consists of a set of bones which like other bones might experience injuries like bruising, fracture, and dislocation. Although the religious jurists have separately specified the compensation for the vertebral column, the categorization has never been organized enough. The study and discovery of various injuries along with the damages can be pointed out as expressive insufficiency of legislator in criminal law. The spine injuries are accompanied with other relatively common physical harms like foot numbness, scoliosis etc., and this distinguishes the spine from other types of bones in the body. In case of natural or unnatural complications to the spine, the use of the term "not recovery" is one of the ambiguous issues, which in spite of its potential to derive a theory from juridical texts, has not been attended to by the legislator. The present papers tries to study the compensation to the bone from juridical and law viewpoints, and also to discover administration difficulties and to propose solutions to it all according to narrative and juridical sources, while legal referencing is followed in every topic.

In line with numerous criticisms concerning the punishment of imprisonment and the attempts which have been made to reduce damages which are caused by this form of punishment, alternatives to imprisonment came into being and developed in different ages and under the influence of ideas of different schools. Although the Iranian legislator has foreseen alternative sanctions under Articles 64-87 of the new Islamic Penal Code of 1392, with the discussion and especially the use of prisoners' views in this regard, the importance of this issue and the need to the extension of it will become more clear. On the other hand, the use of alternative of imprisonment should be extended to the prisoners instead of using prison to control of defendants. This article is descriptive and analytical. It discusses alternatives to imprisonment from the viewpoint of prisoners by questionnaire.The statistical population for this study is female prisoners of three provinces of Zanjan, Qom and Markazi that are 130 persons. These people were either convicted or defendant that their verdict was certain. Whereas this statistical population was limited, all of the prisoners have been questioned. Then, by using of correlation Test and F-test, the variables affecting the use of alternatives to imprisonment has been discussed. The results show that 60 percent of prisoners know that use of alternatives to imprisonment is highly effective in reducing the harmful effects of imprisonment, while there is relationship between use of alternatives to imprisonment in one hand, and the kind of prisoner's crimes, having a past record, and the gap of returns to imprisonment in the other hand. There is no relationship between this variable with the level of education.