PAZHOUHESH NAME HOGHOUGH E KEYFARI
Year:2018 | Volume:9 | Issue:1 (17)|Papers Count:10

One of the main problems of the judiciary is caseloads and prolongation of the proceedings. But the statistics and interviews of officials in Iran show that normative and formal solutions have been unable to remove this problem. Therefore, changing the judicial approach, including the criminal policy is essential. One of the best solutions in this regard is the use of a cultural approach. According to this view, criminal policy, away from the instrumental approach, becomes grounded in nature and emphasizes its link with interdisciplinary studies. This article uses a descriptive-analytical method and using library resources to examine how to develop a criminal justice policy based on a cultural approach. The promotion of a culture of reconciliation and the use of solutions such as mediation and arbitration can reduce the volume of cases, eliminate prosecution and increase the effectiveness of the judiciary, following lack of litigation in the courts, as well as the avoidance of populist policies due to the reduction of judicial and authoritarian measures, causing a positive development in the judiciary. It is clear that such a thing can not be ignored by the research-educational, structural-organizational and normative requirements.

Nowadays the policy of penal population reduction of prisoners is one of the priorities of different countries including Iran. Therefore, this study by using emic approach and Grounded Theory methodology, tried to study the condition and strategies of decarceration policy. Twenty-one judges of Kerman city participated in this study as participant. Judges were selected by purposive sampling and theoretical saturation. Data was collected by in-depth interview technique. Finally, the analysis of the data from interviews resulted in the creation of four main categories and a core category. The main categories are: paved way of incarceration; contradiction within the judicial organization; the concentration of power in the judge; and the legal defects causing imprisonment. The core category is also: incarceration hegemony in Iran's penal policy.

Decline in prosecutions is a guideline which has been taken into consideration in 1392 The Code of Criminal Procedure and this way, it has created many different ways in responding crime. In this regard, the judicial authority by applying an interest-oriented approach with evaluating all aspects of committing crime, chooses the best approach to observe the interest of both society and the accused. The approach, canbeconsidered as an inspiring pattern for limiting the scope of intervention of the criminal justice system for petty crimes. Accordingly, the purpose of the criminal justice system is not only the prosecution and the imposition of penalties, and uses all the capacities to respond to the offender. Therefore, prosecution cannot be treated as the only weapon of prevention. Perhaps by prosecution the first label of accusation is tagged on accused and leads to secondary deviation and the other adverse effects. In fact, decline in prosecutions is a new concept and is on the way of criminology findings which has been predicted in order of traditional criminal prosecution failure which has a repressive approach in the prosecution of the accused. Influenced by this guideline, the legislative attempts to predict archive file, chase suspension, criminal mediation and oral indictment in the event of reducing the adverse effects of criminal environment and rapid return of the accused to society. But, some institutional vacuum in law and the way that some acts are set, has caused an obstacle in the event of this purpose.

Punishment as one of the pillars of criminal justice has a complex nature that can be studied from different aspects. Up to now, the major work on the punishment has been from the criminal law framework, but philosophers, politics and sociologists also focused on the issue of punishment in scattered. Each of them, with their specific goals and methods, is studying the institution of punishment and trying to explain the nature, features and functions of punishment, and its relationship with other phenomena. This article attempts, by using the results of legal, philosophical, political and sociological sciences, to draw a comprehensive figure of the punishment institution. From the authors' perspectives, one-dimensional view can’ t show all realities of criminal punishment, and hence, it is necessary to criminal policy-makings to pay attention to the plurality aspects of punishment. Importance of attention to all aspects of punishment is not merely a theoretical value, but also it has practical value. Paying attention to all aspects of punishment, in addition to scientific and theoretical value, has also practical value.

Islamic punishment law which was approved in 1392 has undergone extensive changes in relation to sexual offences. Some of these changes include clauses of 222, 224 and 226 of the Islamic Punishment Law on adultery with dead, adultery with violent and duress and criminal conversation. The present study through analyzing legal changes, aims at answering whether changes on these crimes have taken criminalization principles as well as time requirements into consideration. Taking a look at most common criminalization principles such as Harm principle, Legal Moralism, Legal Paternalism and contrasting mentioned changes, it is suggested that the mentioned changes have been more affected by time and place requirements, human right consideration, Tanfir Sanctity Principle and prevention Insult to religion than Fiqh principles.

The work of "The Last Day of a Convict" portrays a convict's life story who is going to be executed six weeks later. Quoted from the convict and beyond the story, focusing on criminal justice institutions of nineteenth century, Victor Hugo described criminal conditions governing on society of France and analyzed the institutions. . This point can be understood throughout the story. In "The Last Day of a Convict", Hugo presents various horizons of the concepts to the reader aiming to express and explain certain structure of Criminal politics in the form of a documentary story. Symbols and signals that he supplied passes more the expression of the fact that crime is rooted in victimization. In fact, the individual in the absence of social status and the process for labeling and faulty structure of the criminal policy is inclined inevitably to commit crime. . By exploring the effects of these and other literary works, the belief that the criminology approach has about crime literature readings as well and it is not unlikely in the near future to be called literature criminology.

Along with the rapid development of information and communication technologies, a wide variety of data and electronic documents has been the subject of forgery and distortion. In order to criminalizing of Cyber forgery, Article 6 of the Cyber Crimes Law established "attributable data" as subject of Cyber forgery. Unlike traditional forgery, which the legislator determines writing, handwriting, document, signature, seal and stamped, as the subjects of crime But, the type and characteristics of data in cyber forgery has not been determined in Article 6. This deficiency has created ambiguities in practice. The massive volume and variety of data, on the one hand, and the ambiguity of the concept of "attributable data", on the other, make it difficult to determine whether the data is subject to crime of cyber forgery. In this article, we have tried to explain the characteristics of forged cyber documents and clarify ambiguities in this regard.

Traditional and classic schools of criminal justice with mere attention to offence and offender and the development of retributive and rehabilitative justice, have neglected the offended person as the third element of criminal phenomenon which resulted in unpleasant consequences. In order to reduce and remove the consequences, an offended-oriented approach was gradually introduced. This approach, under the auspices of the concept and experience of diversion, aiming at expanding non-criminal justice, suggested various patterns such as restorative justice. In this pattern, focusing on compensation of the offended person, it tried through the participation of all involved in the criminal event and through diversion and in a non-judicial and non-official atmosphere, to settle the criminal phenomenon and to maintain conciliation. Undoubtedly police as one of the most important organs accountable to the criminal phenomenon and as the first organ referred to by the offended persons after the crime commitment has a main role in implementing restorative plans. In this paper while inspecting the role of police in implementing restorative plans and explaining what is necessary to perform this role appropriately, it tried to analyze the initiatives of criminal procedure law 1392.

The criminal legal system as a set of the society criminal methods for coping with crime is influenced by the political system, beliefs, religion and moral rule governed in the society. The Iranian legal system totally was changed, subsequently to the domination of Moguls over this country. The system derived from the Islamic Sharia rules and jurisprudence became shaken and new rules and regulations were introduced. In order of priority, Moguls used Yasa of Genghis, Yarligh of Gazan and Tuzuk-i-Taimuri for regulation of the society. With waiver, we can divide the crimes into crime against property, crime against person, crime against security of state, crime against public decency and moral and military crime. The fundamentals of criminalization were mostly based on the Moguls superstitious beliefs. The courts were divided into three categories. Confession and testimony of witnesses formed the rules of evidence.

In Iranian criminal law, physical or causal attribution of the offense to the joint effect of the behavior of each co-perpetrator is generally held to be a necessary element for defining co-perpetration, but not any common plan or coordination among the perpetrators. Following this approach, the criminal liability of each actor is limited to his/her own actions, and beyond the direct effects of his/her behavior, this liability would not normally cover the consequences of his or her common criminal plan shared by other offenders. Meanwhile, those offenders having no part in carrying out the physical elements of the offense are often legally labeled as mere accessories who do not have the main liability, no matter how vital their contributions may have been. As this approach causes some difficulty in tackling group criminality, the law has devised a number of limited measures to address this problem, including a reference to the notion of organized criminal group. Apart from underlining the insufficiency of these measures, ausing a comparative law, the authors recommend reforming the law in this area. Hence, the notion of joint control over the execution of the criminal venture is preferred over the current objective approach based on mere physical causation.