Search Results/Filters    

Filters

Year

Banks


Expert Group


Full-Text


Author(s): 

JAVAN JAFARI BOJNORDI ABDOLREZA | NOURPOUR MOHSEN

Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    2
  • Pages: 

    75-98
Measures: 
  • Citations: 

    0
  • Views: 

    1286
  • Downloads: 

    0
Abstract: 

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.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1286

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

DE HAAN M.W.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    10
  • Issue: 

    24
  • Pages: 

    323-348
Measures: 
  • Citations: 

    0
  • Views: 

    1723
  • Downloads: 

    0
Abstract: 

Contrary of popular understanding of ABOLITIONISM, It is not a pure radical and deconstructive approach. The establishment of this thesis was related to many facts in criminal justice system among them paradoxical criminal policy, ambiguity in concept of criminal justice, unsuccessful outcomes of criminal practices and sanctions, overcrowding in Prison Population, extending the scope of criminal law and Professionalism in Criminl Law. As the basics of ABOLITIONISM theory will be discussed in this article, the author will explaine this theory with regard to main concepts of criminal law like crime, punishment and also the imprisonment as the main means of implementing criminal policy. In addition, the author will propose some new approaches in this regard.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1723

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2020
  • Volume: 

    14
  • Issue: 

    5 (Special Issue 02)
  • Pages: 

    19-24
Measures: 
  • Citations: 

    0
  • Views: 

    590
  • Downloads: 

    0
Abstract: 

ABOLITIONISM has been one of the most influential ideas in criminal law in recent decades. ABOLITIONISM is based on the belief in a moral conviction that life in the community cannot, in fact, be effectively regulated by criminal law, and that the role of the criminal justice system must be significantly reduced, while others have a chance to deal with problem situations, unfinished behaviors and developments are brought to the stage of action and implementation. Abusers first and foremost see crime as a result of the ruling social order, and they believe that punishment is not a good reaction to it. The fundamental question that has been raised in this research is how does criminalization abandonment affect justice as an ethical component? The present research is an analytical descriptive study and has used the library method to examine the question. Conclusion The results of the research indicate that the idea of abolition is very influential on the rights of moral justice, which also has direct effect and indirect effect. The prosecution, referral to the mediation and referral of the case to the Dispute Resolution Council are among the most important examples of secularization. Moralization in Iran's criminal law. Which briefly describes each of these symbols of moral justice.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 590

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

NOBAHAR RAHIM

Issue Info: 
  • Year: 

    2015
  • Volume: 

    18
  • Issue: 

    4
  • Pages: 

    123-146
Measures: 
  • Citations: 

    0
  • Views: 

    834
  • Downloads: 

    0
Abstract: 

Cancellation of Hadd (prescribed punishment) is prohibited in some Islamic narrations. These narrations have often been interpreted and construed as referring to Hodoud as opposed to Tazira’t and their inflexible implementation. According to such an inflexible reading of the texts, Hodoud would not be flexible enough to cover all the necessary expediencies, and would not be compatible with the requirements of different circumstances and conditions.By critically analyzing the content of these narrations, this article comes to the conclusion that they are not specifically related to Hodoud. Rather, they are talking about punishment, in general, and that any unjustified ignorance and abolitionist approach to the punishment is not acceptable: be the punishment Had or Ta’zir. So the main objective of these narrations is not to emphasize rigidity, inflexibility, and unreasonable seriousness in Hodoud in their idiomatic sense; rather they are emphasizing the certainty of punishments in general. Also the article criticizes some rules inferred from the narrations.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 834

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

RAHIMI NEJAD ISMAEEL

Issue Info: 
  • Year: 

    2011
  • Volume: 

    6 (16)
  • Issue: 

    2 (82)
  • Pages: 

    127-144
Measures: 
  • Citations: 

    0
  • Views: 

    1395
  • Downloads: 

    0
Abstract: 

So far, several theories have been presented by criminologists to explain and justify the restorative justice, such as the theory of "reintegrative shaming", "social control theory", "the neutralization theory of crime" and ABOLITIONISM. This article, critically considering these theories, makes clear the nature and bases of the doctrine of "soul vivification" (Ehyae Nafs), which is the main and most important foundation to restorative justice from the point of anthropological, sociological and moral view, and studies its relationship with restorative justice.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1395

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 3
Author(s): 

Khamseh Ali Asghar

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    63( پیاپی 6)
  • Pages: 

    159-190
Measures: 
  • Citations: 

    0
  • Views: 

    204
  • Downloads: 

    31
Abstract: 

Background and purpose: This research has addressed the most important examples of falsehood in binding documents and criminal laws (substantive and formal) and from the point of view, it is applied in a descriptive-analytical way. Undoubtedly, Islamic teachings, Quranic rulings, hadiths and jurisprudential texts have played an important role in compiling, approving and strengthening the customary laws of the Islamic Republic of Iran, among which we can point out the covering up of defects and the covering up of some extreme crimes. Method: The current research is based on descriptive and analytical method. In this method, by using library studies, detailed and comprehensive investigations have been conducted on the examples and effects of criminal cover-up in criminal laws and binding documents. Findings: Hiding and concealing is a non-criminal and non-coercive method, which has received special attention from the legislator and is included in some binding documents such as the charter of citizenship rights, the eight-point decree of Imam Khomeini (RA), some principles of the constitution and some Substantial and formal laws have found a special place and have influenced the judicial system in dealing with some criminals of extreme crimes and against chastity, so that instead of using the maximum penalty and filing court cases, they have mostly benefited from neglect and neglect. to be Although the use of this theory in criminal laws and the judicial system is useful and effective in many cases, if it is not implemented accurately and completely, it can cause harm. Results: Therefore, exceptional scapegoating is based on the principle of criminal prosecution, the examples of which are found in some limited (moral) and punishment crimes against chastity in terms of circumstances. This distinctive approach and method, which has commonalities and differences with some modern Western criminological ideas such as labeling, decriminalization, deprosecution, restorative justice and criminal ABOLITIONISM, is in the new changes and developments of the Iranian legislature and judicial system regarding penal crimes. It also has an important role and has made a significant contribution to the formation of some legal institutions such as the issuing of suspension of prosecution orders, postponement of prosecution and archiving of criminal cases.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 204

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 31 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
litScript
telegram sharing button
whatsapp sharing button
linkedin sharing button
twitter sharing button
email sharing button
email sharing button
email sharing button
sharethis sharing button