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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    29
  • Pages: 

    101-133
Measures: 
  • Citations: 

    0
  • Views: 

    900
  • Downloads: 

    0
Abstract: 

A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure to meet the goals of punishment, but leads to undesirable and adverse effects on the perpetrator. Determining the appropriate punishment and the optimum level of efficiency, is very complex issue and requires attention to many components. The present article, which Seeks to the identify purposeful penalization model, insists that the legislator must, in each crime, before any other issues should determine his "Main purpose" and choose the type of punishment according to that goal, and avoid from totalitarianism for acquisition of opposite objectives. Regarding the amount of punishment, the legislators should also consider the ease and advantages of committing a crime, the dark figure of crime, the commonness of crime and the relationship of crimes with each other, while at the same time, in line with the principle of individualizing punishment and increasing the positive effect of punishment, The judge must give more authority to determine the amount of punishment.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    12
  • Issue: 

    47
  • Pages: 

    33-54
Measures: 
  • Citations: 

    0
  • Views: 

    177
  • Downloads: 

    22
Abstract: 

Improving participation in voluntary activities in Iran is important because increasing productivity among young people, given the country's young population, contributes to community sustainability. Therefore, a better understanding of volunteer motivation in Iranian youth is needed. The Volunteer Functions Inventory (VFI) for assessing volunteer motivations has good psychometric properties and is adapted to several languages, but no validated Iranian translation yet exists. The purpose of this study was to investigate the psychometric Characteristics of voluntary functions inventory in members of Iranian Red Crescent Society. Sample size was 595 members of Youth Organization of Iranian Red Crescent Society from 31 provinces and 175 cities of Iran that were selected by multi-stage cluster sampling method and responded to voluntary functions inventory. Data were collected using a demographic sample and voluntary functions inventory (VFI). Confirmatory factor analysis using principal components method was used for data analysis. The results of the present study showed that the voluntary functions inventory had validity and reliability. Also, the factor structure showed that 29 items and 6 factors well assess people's attitudes to volunteering, and the structure of this inventory was well-fitted and confirmed all goodness of fit models. The present study provides the use of the Iranian translation of the Voluntary Functions Inventory (6 scales and 29 items) to assess volunteer motivation among young Iranian volunteers.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    43
  • Pages: 

    9-39
Measures: 
  • Citations: 

    0
  • Views: 

    133
  • Downloads: 

    38
Abstract: 

By reflecting on social relations, the footprints of power will be revealed, and in other words, power has a fluid presence in all matters of human life. Human societies have accepted the power of Mehr by establishing a political system for the order of affairs, and by establishing various institutions, they have tried to manage their affairs. By accepting the principle of separation of powers in a society or sovereign territory, the legislative, executive and judicial institutions will work together in harmony, and it is obvious that these institutions will also be affected by the ruling political context. The institution of criminal legislation in every society will explain the legislative policies and determine the normative boundaries and protect the value models of the citizens, and without a doubt, the determination of this value territory is also a function of power considerations, the foundations of which are established in the general policy of the country. The fluid power in the public policy of a country will determine the direction of the criminalization and punishment processes in the context of legislative criminal policy and with this description, the influence of power on the criminalization and punishment processes will be revealed. Power has manifested itself in different forms and on this basis, the degree of influence on various categories in the administration of a society will also be different. Political power, military power, royal power or religious power, media power and other examples, depending on the type and nature of the ruling regime of a society, can affect the legislative framework and the regime of crimes and punishments against illegal behaviors. Therefore, it is reasonable to maintin that the legislative system will be affected by the context of the ruling power. Realizing that power, whether obtained through legitimate means or through force and domination over subordinates, ultimately affects the legislative system and the processes of criminalization and determining punishments, and this issue will be the beginning of a way to another research: how this affects the institutions responsible for determining crimes and punishments will be determined. On this basis, in terms of revealing the new discourse of influence of power in the hidden layers of the legislative policy of the countries, which in the future and in the hands of the governments, will become a power in the direction of controlling and restraining the subjects that make up the discourse of power, the present article has been written in order to present an answer to the important question of "How does power influence the processes of criminalization and punishment?"  Undoubtedly, today, with the ever-increasing development of the "government" institution in its many forms, it has made people see more clearly the influence of economic, military powers at the national and international levels. In some cases, the influence of political power in the approval or non-approval of punitive laws is so obvious that the role of expediency can be clearly seen. Expediency in supporting and protecting the interests of a limited number of people or belonging to a specific group causes the approval of laws that are completely contrary to the criterion of "public interest" and makes the color and shape of some laws so clear that other than protection. It does not serve any purpose of special group interests. It should not be forgotten that in such cases, the law is passed in the name of protecting the interests of the general public of a society. In many cases, it can be seen that in authoritarian government systems, the people are not at all aware of the mass of approved laws, and the people's representatives are also under the direct influence of economic, military, and media power, etc.The question of "How does power affect the processes of criminalization and punishment?" is a question that needs to be analyzed due to the lack of research writings in the scientific bases of the country, and we have tried to understand its hidden layers with an analytical-descriptive method and using theoretical sources. In this regard, uncovering the role of power in the process of criminalization and that the system of crimes and punishments determined for them is itself a function of the foundations of the ruling power, is considered the achievement of the article, because it puts a seal of approval on the fact that; the type and even the amount of crimes are based on the ruling powers and their beliefs, and therefore, it is not always the case that the interest of the individual is the basis of criminalization, and the appeal to the concept of protection of the "public good" is itself a sign of the superiority of political power and its obvious influence in determining the system of crimes and punishments. In other words, in many cases, the political governments of countries act through the system of criminalization-punishment to maintain their power and in this way keep the citizens in the center of power.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    25
  • Pages: 

    126-144
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

In this paper, an alternative approach in operational modal analysis is presented, utilizing image processing technique and transmissibility functions. Imaging sensors do not impose additional mass on the structure due to their non-contact nature, while transmissibility functions, independent of excitation type, can directly extract mode shapes. The innovation of this research lies in combining these two techniques to record dynamic responses and identify modal properties. To capture the temporal response history from video signals, the block-matching method with sub-pixel accuracy was employed. Validation was conducted by recording the response of the tip of a cantilevered steel beam subjected to impact excitation, using a high-speed camera and a laser vibrometer, simultaneously. The RMSE plots in the time domain and the PSD in the frequency domain indicate high accuracy of this method. Using this approach, the displacement time histories of various points on the structure were extracted from the video signals, and the modal properties, including natural frequencies, damping ratios, and mode shapes, were identified using the transmissibility matrix method. The results obtained from the proposed method were compared with the stochastic subspace identification (SSI) method and analytical solutions. The findings reveal the accuracy of the modal identification approach introduced in this article. The highest relative error in estimating the natural frequencies of the first and second modes, compared to the values from the laser method, are 0.19% and 0.13%, respectively, and in comparison to the analytical values, they are 0.34% and 1.5%, respectively.

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Journal: 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    54
  • Issue: 

    1
  • Pages: 

    65-84
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

There is no doubt about the very recognition of repeated crime institute as a general cause of aggravating the punishment in in the Islamic Penal Code of 2014 and its origination from Islamic jurisprudence; however, it is doubtful whether the aggravating penalizing of this institute is in line with its corresponding jurisprudential texts. The existence of jurisprudential dispute over the determination of the death penalty, dubiety concerning the homogeneity of Hudud and instances of non-codified Hudud, ambiguity regarding the effects of variables of repentance, withdrawing the confession and the territorial scope of the levels of repetition of Haddi crimes, dubiety concerning the legitimacy of the aggravated punishment overtaking the Hadd constitute the jurisprudential challenges in this respect. The purpose of this research is restudying the jurisprudential views and arguments related to the above said challenging topics which has been performed through a descriptive-analytical method and led to presenting necessary conclusions and recommendations to the Iranian criminal legislator in order to adopt an explicit and conscious approach. The necessity of the legal abolition of the death penalty and adoption of the policy of executing the Haddi punishment in addition to the aggravated Taaziri punishment,  regardless of the  homogeneity of crime in the repetition of Haddi crimes, is the most important hypothesis of this paper.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    79-104
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    35
Abstract: 

This paper firstly aims to study the developments of the plurality of crimes in the statute of the Taziri Imprisonment Reduction adopted in 2020, then to deal with the question that which of the following countries' legal systems, i.e. Iran and Jordan, has followed a more reasonable policy regarding the issue. The findings reveal that in spite of the existence of common strategies including the explicit admission of material and spiritual plurality, the single and cumulative penalization and the most sever punishment for the spiritual plurality, the two legal systems have also adopted different strategies. For example, in Jordanian law enjoys the following merits: the existence of the explicit stipulation of the withdrawal of spiritual plurality from the single conduct having multiple criminal descriptions and the admission of the principle of material pluralization of crimes. On the contrary, the followings are known as the merits of the Iranian law: the separation of various crimes in penalization, the application of various severe punishments based on the number of crimes, the declaration of the most severe punishment for multiple results, the necessity of imposing of consequential or supplementary punishments similar to the complimentary punishments, the possibility of the mitigation of punishments, the determining of the lenient measure effects of criminal policy.

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Author(s): 

Nouri Zeinal Elmira

Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    1
  • Pages: 

    223-238
Measures: 
  • Citations: 

    0
  • Views: 

    703
  • Downloads: 

    0
Abstract: 

Costs of crime generally comprise the cost of crime commitment and of its prevention. The present article attempts to investigate the relationship between estimation of costs of crime, punishment theories and penalization in “ Ta’ zirat” . The rationale behind “ Ta’ zirat” and the specification of the severity of punishment within the unlimited authority of the legislator, is among the unanswered questions in the criminal justice system of Iran. Penalization in “ Ta’ zirat” may not be necessarily interpreted as taking a retributivist or consequentialist approach. Such determination is contingent upon the acceptability of criteria under the criminal policies of the state. However, in adopting either approach (retributivism or utilitarian considerations of criminal policy makers), the important concept of crime cost may serve as an effective tool in formulating a more complete criminal response and brings the criminal justice system closer to its desired goals (desert, proportionality and social benefit). The relevance of the costs of crime as a precondition for penalization and its conjunction with “ Ta’ zirat” is further investigated in the present article.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    1 (29)
  • Pages: 

    66-86
Measures: 
  • Citations: 

    0
  • Views: 

    257
  • Downloads: 

    0
Abstract: 

In the different periods of the history of penal developments in Iran, the legislator has always identified depenalization Measures. However, due to policy-making, programmatic and managerial measures in the past criminal justice system, new legislative Period (From 2013 onwards), can be called the expansion period of depenalization. The period that by decarceration and de-execution, It is hoped that Legislator will implement this policy. Nevertheless, it seems that unlike the superstructure level of the conscientious and expedient legislator's face, at the infrastructure level, in general and special statutes, some of incompatibilities with depenalization policy or uncertainty about new regulations has continued and even it can be claimed that it has increased in the new era. In this article, four of these incompatibilities and Increasing penalties include the new and frequent criminalizations, anonymity in choosing a standard fatwa for depenalizied legislation, supplementary punitiveness and Also, testing-regulating legislation has been criticized and evaluated and amendments are proposed.

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Author(s): 

AKRAMI ROOHOLLAH

Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    11
  • Pages: 

    25-46
Measures: 
  • Citations: 

    0
  • Views: 

    1058
  • Downloads: 

    0
Abstract: 

The existence of legal gaps is quite usual and conceivable in all statute legal systems and it is the duty of the legislator to find the solutions for these cases. The constitutional legislator has recognized Islamic sources and valid juristic opinions (Fatwas) as referable sources for judges in principle 167.However, there is severe disagreement on the inclusion of this rule in criminal cases, particularly on the important issue of determining the punishments. The reflection of the provisions of the principle 167 in some of the acts passed by the Islamic Consultative Assembly and confirming them by the Guardian Council as the interpreter of the constitution, the manner in which the terms of the principle 167 are expressed and the legislative history of this principle all strengthen the doctrine that try to extend the mentioned rule to the criminal matters, including the issue of penalization.This paper due to the examination of the reasons and with regard to the recent changes taken place in the Islamic penal code believes the executive scope of that aforesaid doctrine doesn’t include the discretionary punishments (Ta`zirat) which by the way constitutes the main criminal punishments.

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Author(s): 

Ahmadi Hamid | Mayeli Vahid

Issue Info: 
  • Year: 

    2023
  • Volume: 

    53
  • Issue: 

    1
  • Pages: 

    161-174
Measures: 
  • Citations: 

    0
  • Views: 

    101
  • Downloads: 

    4
Abstract: 

Probability density functions of the involved random variables are essential for the reliability-based design of offshore structures. The objective of present research was the derivation of probability density function (PDF) for the local joint flexibility (LJF) factor, fLJF, in two-planar tubular DK-joints commonly found in jacket-type offshore structures. A total of 162 finite element (FE) analyses were carried out on 81 FE models of DK-joints subjected to two types of axial loading. Generated FE models were validated using available experimental data, FE results, and design formulas. Based on the results of parametric FE study, a sample database was prepared for the fLJF values and density histograms were generated for respective samples based on the Freedman-Diaconis rule. Nine theoretical PDFs were fitted to the developed histograms and the maximum likelihood (ML) method was applied to evaluate the parameters of fitted PDFs. In each case, the Kolmogorov-Smirnov and chi-squared tests were used to evaluate the goodness of fit. Finally, the Inverse Gaussian model was proposed as the governing probability distribution function for the fLJF. After substituting the values of estimated parameters, two fully defined PDFs were presented for the fLJF in tubular DK-joints subjected to two types of axial loading.

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