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Issue Info: 
  • Year: 

    2013
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    147-173
Measures: 
  • Citations: 

    0
  • Views: 

    946
  • Downloads: 

    0
Keywords: 
Abstract: 

Crimes against the State cannot be justified in the same way as other legal Crimes. Each and every crime and punishment are created by the law which political authority passes and justification of such punishment is dependent on the issuing authority. A punishment is justified only because it is issued by an authoritative legislature. However, justification of laws which are protecting political authority itself needs arguments beyond this common response. Such arguments are an integral part of theory of political authority. Prevalent punishment theories are in contrast, ethical theories based on proving subordinate citizens duty to obey the political authority orders because of their ethical supremacy. While, instead of ethical judgment on subjects, the commander should be judged. Why can he issue order and compel punishment? As a result, we defend a theory based on political equality that can justify authority without ethical judgment on subjects. The theory was titled “Participation Theory” in this paper and based on political rights that guarantee interference of all citizens in making and changing political system all times. Only a criminal system which defines itself in accordance with these political rights could be justified.

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

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Author(s): 

Shiri Abbas

Issue Info: 
  • Year: 

    2023
  • Volume: 

    10
  • Issue: 

    3
  • Pages: 

    233-244
Measures: 
  • Citations: 

    0
  • Views: 

    91
  • Downloads: 

    35
Abstract: 

In the field of environment, The State may adopt policies that lead to destruction and serious harm to the environment. The justification of the perpetrators is economic and industrial development, creating employment, obtaining benefits for the State, Provision of current expenses and other similar factors. While these actions cause severe harms to wildlife and the environment. Therefore, a kind of It is considered an environmental State crime. Critical criminologists have discussed this issue and proposed the newly emerging concept of State crime. State environmental crime refers to seemingly legal behaviors of the State in major harm to the environment. Initially, this topic was discussed in zemiyology, (social pathology). Subsequently, the concept of State crime has been expanded, especially in green criminology, with regard to the seemingly legal behavior of State.

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

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of Crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the Crimes of genocide, and Crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine State.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing Crimes of genocide and Crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Author(s): 

Shiri Abbas | Jafarpour Elham

Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    2
  • Pages: 

    345-371
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    10
Abstract: 

Violation of the fundamental rights of citizens in various forms of violation of political, economic, social and cultural rights and areas related to health and education, by States that are primarily responsible for guaranteeing them, in terms of criteria can be called as "State crime".    This descriptive-analytical article aims to focus on a specific dimension of the concept of State crime, in form of a "crime as harm" approach to the Crimes committed by State such as political, cultural, environmental Crimes, Crimes against health, which are based on the harmful and power-oriented structure of the government, citing some objective examples and complaints received by the Board of Supervision of Law Enforcement Fundamental, discusses., legislators, by enacting laws that violate fundamental rights of citizens, including discriminatory laws or laws restricting constitutional rights or harmful laws, the phenomenon of "illegal laws" and "laws without legitimacy." which means laws that are contrary to justice and fundamental rights; Even if those laws have undergone formal legal formalities to become enforceable. Therefore, by infringing on the fundamental rights of their citizens and by adopting various policies, especially in the political, economic, cultural and judicial fields, governments inflict many harms on their citizens in various fields. These violations have in many cases relied on the law or are behaviors that, due to the monopoly of governments in the field of legislation and despite being harmful, have not been prohibited by actors in the field of legislation.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    44
  • Pages: 

    9-52
Measures: 
  • Citations: 

    0
  • Views: 

    159
  • Downloads: 

    28
Abstract: 

State Crimes are committed by the State against human rights. Although this kind of crime has a long history,the etiology of these Crimes still lacks explanatory theories. State Crimes One of the white-collar Crimes that is the violation of fundamental human rights by the governmental organization. The characteristics of these Crimes, such as being organizational, complex, and related to the power structure, are such that they cannot be explained in just one dimension. Thus, there is no choice but to use different theories to explain the State Crimes. To achieve this goal, we can use some mainstream criminology theories, such as opportunity.The opportunity theory is a commonly-used approach that is employed to analyze etiology of State Crimes. Using the abovementioned theory, the present research aimed to describe the quality of committing State Crimes in terms of such elements as incentives,objectives,impedimenta as well as limitations. Research findings suggest that States would commit State Crimes in order to preserve and maintain their political power, achieve ideological purposes, access to economical advantages as well as governing people. Holding power, lack of supervision and liability, obscurity, lack of responsibility, public trust, lack of laws supporting citizens’ rights, disinclination of citizens for participation in public affairs and so forth are taken into account as backgrounds which strongly assist the government to achieve its objectives. However, the aforementioned backgrounds accompanied with such elements as illiteracy, civil indifference, fear of the government, as well as presence of such limitations as existing a potent civil society, non-State organizations for defending civil rights, liberal media, and international mechanisms will lead to committing State Crimes. The opportunity theory through the use of above-mentioned etiology suggests that improving structures which give the government incentive, increasing  interior and exterior controls which minimize State’s chances to commit Crimes as well as strengthening either domestic or international limitations would help to prevent governments from committing State Crimes. The proposed theory focuses primarily on structural factors affecting the State crime. These factors include the political structure (with totalitarian and authoritarian rule), the ideology of the ruling class (supremacy arising from nationality, religion, class) and the economic structure (command or Free Market Economy) that provide the basis for State Crimes by creating the necessary incentives to commit them, such as community control, ideological control, economic interests and control. In the next stage, in the absence of barriers and control, the government will be in an Institutional anomie and will not refrain from taking any action to achieve its goals. If there are control mechanisms, the government uses neutralization and labeling techniques to overcome them. Ultimately, conditions such as ignorance, civic indifference, non-participation, fear of government, and obedience will contribute to the State Crimes. When the government achieves its goals by committing State Crimes, and there is no reaction against it, it will commit these Crimes again through behavioral reinforcement. Repeating State Crimes over and over again means that the government has learned to commit Crimes against citizens and has made it as a behavioral trait for itself.Although the opportunity theory can explain the occurrence of State Crimes to some extent, but due to its shortcomings, it is unable to explain the various aspects of these Crimes, so we need unified theories. So In the late 1960s, criminology became so entrenched in extreme truth-seeking, theoretical crisis, and the endless competition of theories that it required a dramatic transformation to survive. To solve this problem, criminologists, distancing themselves from modern paradigms, have opened their arms to perspectives that seek the future of criminology in the reconciliation of theories without theoretical competition and extreme simplification. Thus, integrative criminology was born. One of the strategies through which integrative criminology seeks to make criminological theories more profitable is the combination of criminological theories, which is referred to as an integrated theory approach. Despite some criticism, this approach was gradually adopted, and integrated theories were born one after another. However, like other criminological theories, most of the integrated theories in the field of street crime were made, and the integrated analysis of different types of white-collar Crimes was ignored. One of the white-collar Crimes that suffers from the lack of integrated theory is the violation of fundamental human rights by the governmental organization, which is called State Crimes. The characteristics of these Crimes, such as being organizational, complex, and related to the power structure, are such that they cannot be explained in just one dimension. Thus, there is no choice but to integrate different theories to explain the State Crimes. To achieve this goal, we can use some mainstream criminology theories, such as opportunity, labeling, control theories, neutralization and anomie techniques, as well as critical theories, like Marxist and Structural criminology.

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Author(s): 

ZARKOL AYSE

Issue Info: 
  • Year: 

    2010
  • Volume: 

    24
  • Issue: 

    1
  • Pages: 

    3-23
Measures: 
  • Citations: 

    1
  • Views: 

    276
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
  • Issue: 

    16
  • Pages: 

    48-68
Measures: 
  • Citations: 

    0
  • Views: 

    940
  • Downloads: 

    0
Abstract: 

The Crimes committed against humanity are amongst the clear violations of criminal international law and are extra ordinary forms of collective violence which have escaped the notice of criminologists for a long time, since the prosecution, trail and punishment of those committing these Crimes did not prevent them from perpetrating Crimes. Studying the criminological nature of these Crimes could be a good help for international criminal justice to fight against them knowingly and to achieve an effective international criminal policy to prevent them. A criminological approach to do so is the study of psychological State of those perpetrating these Crimes. The present article aims to attain such a goal. The criminological findings indicate that those committing these Crimes are common people. The us-them thinking and justifications of perpetrators to overcome cognitive dissonance and their natural inhibitions to deceive themselves have an effective role in realization of given Crimes. Dehumanization of victims, scapegoating of victims and deserving them to be punished, resorting to the amnesty and forgiveness world views are amongst those justifications to be dealt with herein.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    4
  • Pages: 

    143-162
Measures: 
  • Citations: 

    0
  • Views: 

    220
  • Downloads: 

    0
Abstract: 

Encroachment (trespass) of the fundamental rights of the nation by governments in the form of fundamental violations of citizens and areas related to health, health, treatment and education can be considered as examples of State crime. State crime refers to the ostensibly lawful conduct of the government that does not involve the personal interest and the ability to cause irreparable harm to citizens, in many cases is not considered a criminal offense and criminal policy in this regard is difficult. This article discusses the requirements of criminal policy regarding State Crimes and the tools needed to adopt criminal policy. The requirements of criminal policy in the field of State Crimes include the requirements of public policy and the requirements of law. Accordingly, the need for legitimacy of the rule-based political system, the intervention of civil institutions, constitutional and extra-constitutional oversight of the functioning of government, the refusal to pay mere attention to political rationality in the legislative process and the acceptance and rule of law necessary for criminal policy in the field of State Crimes.

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Author(s): 

Sheykh Mohammadi Mohammad Hossein | Etemadi Nematollah

Issue Info: 
  • Year: 

    2023
  • Volume: 

    53
  • Issue: 

    3
  • Pages: 

    591-599
Measures: 
  • Citations: 

    0
  • Views: 

    87
  • Downloads: 

    17
Abstract: 

Application of regulators in production of pot plants have been increasing due to lowering growth, improving branching and the number of flowering branches. In order to study the effect of levels and application method of trinexapac-ethyl regulator on height control and morphophysiological characteristics and flowering of Zinnia elegans, a factorial experiment based on completely randomized design with three replications was performed. Zinnias seedlings were planted in polyethylene pots and subjected to trinexapac-ethyl with levels of zero, 2×10-3, 1×10-3, 0.5×10-3 and 4.5×10-4 g when the first bud emerged. Trinexapac-ethyl was applied in both foliar spray and soil application. According to the results, 1×10-3 and 2×10-3g trinexapac-ethyl caused significant reduction in plant height. As trinexapac-ethyl level increased, number of branches and flowers were increased accordingly most of which was under the latter treatment. Branch length and leaf number was not affected. The concentrations 1×10-3 and 2×10-3g increased chlorophyll and shoots sugars, but not on root. Similarly, soil application of Trinexapac-ethyl did not showed positive effects. In light of obtained results, foliar spray application of Trinexapac-ethyl may serve as a suitable way to produce dwarf and pot Zinnia elegans  ‘State fair mix’. Based on the obtained results, application of Trinexapac-ethyl as foliar application can control and reduce the height of the Zinnia elegans ‘State fair mix’.

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Author(s): 

BIABANI Q.H.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    2
  • Issue: 

    5
  • Pages: 

    68-100
Measures: 
  • Citations: 

    0
  • Views: 

    1123
  • Downloads: 

    0
Abstract: 

The most dangerous Crimes which threaten our economic, social and even political security, due its unique characteristics, are organized Crimes which has emerged in new shapes as the technology progresses. Because of the complexity of criminal groups and their networks and accomplices it greatly affects the economy, politics and the international society. It is not easy to detect all of their activities but most of them are organizations which have strong and rich communities. The total assest of some of these organizations may be as huge as some countries total budget. Their target is profit seeking rather than getting political strength. According to Interpol research report, fourteen percents of the GBP for developing countries and two percents of the GBP for developed countries is consumed by them. This research investigates the organized Crimes in a documentary method. Reinforcing the combating tools and signing new regional and international contracts for cooperation's between police forces as well as legal cooperations can reduce their threats.

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