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Issue Info: 
  • Year: 

    2021
  • Volume: 

    16
  • Issue: 

    4
  • Pages: 

    827-853
Measures: 
  • Citations: 

    0
  • Views: 

    67
  • Downloads: 

    35
Abstract: 

Nowadays, the process of matching criminal law according to the circumstances of the offender has been of great importance; in fact, to operationalize the strategy of the deterrence of offences, it is necessary to equip the criminal law in proportion to the status of the offender. In this regard, the commission of some criminal offences that is the Sexual and gender-based crimes by biSexual and transgender persons who have Sexual identity disorder, is at the forefront of one of the most important challenges facing the world's criminal policy-makers. Therefore, taking an appropriate and effective criminal policy necessitates that the physical and mental condition of individuals whose Sexuality and gender play the essential role in the specified crimes are taken into consideration. With an investigation into this paper, it is clarified that the activists of the Iranian judicial system have chosen to take a passive strategy against the perpetrators of Sexual and gender-based crimes without identifying their biSexual and transSexual disorders. Therefore, there is a serious challenge to the biSexual and transSexual individuals considering the generalization of the attributes the offenders of these crimes to these individual. Thus, this study seeks to analyze and resolve the challenges facing biSexuals and transSexuals as perpetrators of Sexual and gender-related offences and related punishments.

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Journal: 

Issue Info: 
  • Year: 

    2021
  • Volume: 

    20
  • Issue: 

    46
  • Pages: 

    93-111
Measures: 
  • Citations: 

    0
  • Views: 

    386
  • Downloads: 

    0
Abstract: 

The study of effective factors in the occurrence of crime has always been the focus point in criminological enterprise. In one of these attitudes, the role of the victim and his or her specific characteristics were the focus of the perpetrator, and accordingly, the study of the victim's role in the crime led to the development of the theory of precipitation, according to which the victim could play a role with his/her acting or behaving. Meanwhile, in most of Sexual crimes, the offender's motive and intention is to achieve instant gratification. Therefore, the specific characteristics of the victim are of particular importance in motivating such perpetrators. In this regard, according to the theory of victim precipitation, in Sexual crimes, the question arises as to how much the victim can play a role in the occurrence of the crime by his behavior and action and consequently, precipitate the process of crime commission. With this theory in mind, and in the case of Sexual offenses related to crimes and Sexual victimization, the components of this precipitation can be examined based on four variables: provocation, facilitation, encouragement, and consent to the commission of a crime. The present paper concludes that in Sexual offenses, the victim can play an active precipitating role in the occurrence of the crime, and this role may in some cases be so hasty that it identifies the victim as co-perpetrator.

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Author(s): 

KALANTARI K. | NASR ELAHI A.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    9
  • Issue: 

    22 (SPECIAL OF LOW)
  • Pages: 

    53-86
Measures: 
  • Citations: 

    0
  • Views: 

    3707
  • Downloads: 

    0
Abstract: 

Adopting an analytical- descriptive method, the present study attempts to make a critique of the legislative policy of Iran concerning the criminalization of Sexual offences against children and the youth. In criminology, it is commonsensical that criminalization of a certain behavior is to raise the cost of crime for criminals, so that they would always assume that they would lose more than what they gain. Hence, attempts are made to assess the tenability of the present legislation in increasing the cost of the offence for the criminals by critically analyzing the attitude of the legislation body toward Sexual offences against children and the youth, the definition provided for the crime and or elements constituting it crime- inducing factors in determining the right responses.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    2
  • Pages: 

    155-179
Measures: 
  • Citations: 

    0
  • Views: 

    6819
  • Downloads: 

    0
Abstract: 

Relationship between crimes in general, is conceivable in different forms which is due to crime unity by multiple offenders or a multiplicity of crime by unity offender or unity motivation of multiple offenders. In addition, in real concurrence of crime we can attach a special relationship between some of the offenses in particular meaning that despite having an independence criminal description, is impossible to separate from each other and they often commit together and that's why they call them related offences. Related offences in the special status have three noteworthy approaches: unity of offences, ideal concurrence and real concurrence. In this research, by studying the legislative and judicial procedures, evidence of any opinions are expressed and finally, we explain theory and the reasons for its adoption.

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Author(s): 

ALSAN M.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2009
  • Volume: 

    38
  • Issue: 

    4
  • Pages: 

    1-23
Measures: 
  • Citations: 

    0
  • Views: 

    1770
  • Downloads: 

    0
Abstract: 

Due to entrance of global society to information technology age, the importance of protecting security, trade secrets and privacy have increased. In this paper, we discuss only about trade secrets crimes. These crimes are divided in two categories including offences against property and offences against security such as economic espionage. The base of study is comparison between Iran and Common Law.

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Author(s): 

SARIKHANI ADEL

Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    48
  • Pages: 

    81-100
Measures: 
  • Citations: 

    0
  • Views: 

    2264
  • Downloads: 

    0
Abstract: 

In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of Sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal Sexual intercourse with his or her spouse in state of maturity and sanity, in which both men and women have the possibility to have Sexual intercourses again and repeatedly whenever they want. For instance in terms of rape, which the death penalty is required, Ehsan will not have any effects, in other words, for imposing punishment it is not important that the rapist to be married or single, however, in some circumstances it would amount to both Rajm (stoning) and Jald (i.e. lashing one hundred times) or it would intensify the punishment (i.e from Jald to Rajm).Nevertheless according to the Islamic criminal law of Iran, 2013 penal Code, with the permission of judiciary head, the court has been given the authority to mitigate mentioned punishment to the Execution (a type of death penalty other than Rajm) or Jald when imposing of Rajm is not possible. Although such flexibility is admirable, the code is criticized at this context by the experts. The 2013 code in terms of sodomy recognize Ehsan as a requirement for intensifying the punishment of Jald (Lashing) to the death penalty, but the code does not apply Ehsan to intensify the punishment of lesbianism. In some Sexual offences, regardless of the punishment, Ehsan will change the situation of an offender from undeserved for the death penalty to deserve it. This article at first is to have a review over the effects of Ehsan on Sexual offences, and then explains the etiology of intensification of punishment in this regard; and finally criticizes the new provisions on Rajm in Islamic criminal law of Iran, 2013 penal Code.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2018
  • Volume: 

    11
  • Issue: 

    43
  • Pages: 

    23-46
Measures: 
  • Citations: 

    0
  • Views: 

    965
  • Downloads: 

    0
Abstract: 

Biotechnology development in recent decades and its extensive serviceability in various arenas of health, agriculture, animal husbandry, environment, industry, mining, military, etc. has interested scientists and governmentals to this important subject. This technology has also some benefits and abilities that inappropriate using can cause dangerous damages for beings and hazard human health. In the legal system of Iran, laws related to biotechnology include laws such as the biosafety Code, the law on the Registration of Plant Varieties, and the Certificate on Seed and Plant Seedings that in the each of this Acts and for protection of citizenry from detriment damages and probability hazards due biotechnology and for prevention of disorder in public regularity of society, several subjects as to it has sat bundel criminal protection and lawmaker has criminate and punishable delinquent of such crimes. Iranian biosafety Act (2009) don’t describe exactly legal aspects of biotechnology and about criminal protection merely exist a number of acts and some omissions hat mention under section 6 this Act. Entirely to pay attention this Act to find a number of crimes that writers of this scholarism with description of crimes and punishments foresaid in inactment Act that discuss Iranian legislative criminal policy about subject and mention difficulties and criticisms and introduce necessary suggestions.

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Journal: 

Payesh

Issue Info: 
  • Year: 

    2008
  • Volume: 

    7
  • Issue: 

    3
  • Pages: 

    269-278
Measures: 
  • Citations: 

    10
  • Views: 

    11519
  • Downloads: 

    0
Abstract: 

Objective(s): To validate Persian version of the FSFI and to determine its diagnostic cut off score. Methods: This was a descriptive analytic study. To fill in the Persian version of the FSFI. In addition clinical interviews were carried out by a psychiatrist on DSM-4 criteria. Women divided in two age and educational matched groups: the control group (n=28) who have not Sexual dysfunction and the case group (n=53) who have Sexual dysfunction. Data were analyzed by Cronbach’s alpha and validity was assessed by comparing mean scores of two groups. Optimal cut off score determined by Receiver Operating Characteristic (ROC) curve. Results: The findings showed satisfactory results for full scale and each subscale with Cronbach’s alpha ranging from 0.66 or above for Sexually dysfunctional sample and 0.70 or above for Sexually active sample. Discriminant validity confirmed the ability of both total and domain scores to differentiate between active and inactive women. On the basis of sensitivity and specificity analyses we found that the optimal cut off score was found to be 28 for differentiating women with and without Sexual dysfunction. Conclusion: The findings showed that the Iranian version of Female Sexual Function Index (FSFI) is a reliable and valid instrument for measuring Sexual function in women.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    25
  • Pages: 

    223-264
Measures: 
  • Citations: 

    0
  • Views: 

    33
  • Downloads: 

    0
Abstract: 

Most legal systems in the light of international instruments, especially the International Convention on the Rights of the Child (1989) adopt a protective approach in their criminal policy about children and youths, victims of Sexual offenses. “Criminal protection” of Juvenile victims is a one of the tools of criminal policy about the Sexual crimes against children. This criminal protection is important since it emphasizes the psychological reconstruction of juveniles. Two criminal policy tools in criminal protection, i.e., the mechanism of “criminalization” and the mechanism of “aggravating circumstance” are observed in most legal systems to protect children against such crimes. In this article, through the comparative study of three quite different legal systems, i.e. Iran, Canada and France, on the question of Sexual offenses against children and adolescents, we notice the importance placed on the protection of youths in this criminal policy. However, we analyze the differences between these three legal systems on the objective and subjective elements of the aggravating circumstances for such offenses. This study can be more effective in the adoption and application of more comprehensive acts to protect children and youth against such crimes.

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Author(s): 

FARAJIHA M. | AZARI H.

Journal: 

Social Welfare

Issue Info: 
  • Year: 

    2011
  • Volume: 

    11
  • Issue: 

    40
  • Pages: 

    287-314
Measures: 
  • Citations: 

    0
  • Views: 

    4846
  • Downloads: 

    0
Abstract: 

The crisis of Sexual offences particularly rape against women has been debatable for police, judicial, governmental, and nongovernmental organizations. Rape in both developed and developing countries especially in Iran includes a noticeable number of unreported violence. Based on public opinion women themselves are the main causes of this crime. Even in most cases victims are punished. Despite the large amount of the victimization, not adequate arrangements have been adopted by policy makers, to support these victims. Moreover, a humiliating and hesitantly treatment to these victims and not paying attention to their statements in criminal justice system caused them to be at the risk of secondary victimization.

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