پژوهشنامه حقوق کیفری
سال چهارم شماره 2 (پیاپی 8، پاییز و زمستان 1392)

Sexual harassment is a form of sexual violence and discrimination against women that increases social insecurity and fear of women in society and so, the individual liberties and social participation of women is reduced. Urbanization and the increasing presence of women in society, have provided a platform for formation of this phenomenon and in this context, gendered culture, compulsive silence of victims and some other factors, led to increased rates of sexual harassment and it became a major social problem. In this paper, the concept of sexual harassment and its types have been investigated. Then the negative consequences of sexual harassment, its etiology and the ways for its prevention are discussed. With regard to frequency, and difficulty in proving, penal response do not has enough efficiency and effectiveness for controlling this problem. The most effective way is to reform gendered culture and way of thinking about women and the improvement of social space by reducing the generating factors in the perpetrators.

One of the most important principles of Criminalization is Basis or Principle of Loss (Damage) that in many legal systems is accepted as rational basis for limiting individual freedom and possibility for public power interference. In this paper we try to pay attention to analyzing the Loss in Rape in the most important Criminalization theories such as the Loss, legal paternalism, and Legal Moralism. The Loss has physical, mental and social injuries that the victim is undergoing. Victim of Rape, her or his family, society and sexual violator are the target of this Loss in Islamic Interpretation. In this article, we try to set precedence for analyzing other crimes by considering the basis of criminalization while making clear one fundamental basis of criminalization and considering an instance on it.

Although in most societies, delinquency is defined as a behavior that deserves punishment by law, but just to explain the concept, the pure legal perspective, is not enough. It would be better to survey the other dimensions such as family and psychological issues. Thus, the main object of current study is to investigate the relationship between parenting Styles, Self-efficacy and attitude to delinquency among high school students. The research method is correlation, and 456 high school students were selected through a random cluster sampling method in the 2012-2013 academic years, and the following measures were administered on them: Baumrind Parenting Questionnaire (1972), Schwartz and Jerusalem Self-efficacy Questionnaire (2000), and Fazli Attitude to Delinquency Questionnaire (2011). Research results showed that there were significant negative relationships between authoritative parenting styles with positive attitude to delinquency, and there were significant positive relationships between authoritarian and Permissive parenting styles with positive attitude to delinquency (P>0.01). Research results also showed that there was significant negative relationship between self- efficacy with positive attitude to delinquency (P>0.01). Also there was significant positive relationship between authoritative parenting styles with self- efficacy, and there was a significant negative relationship between authoritarian parenting styles with self- efficacy (P>0/01). Also, the results of regression analysis showed that self- efficacy and authoritarian and Permissive parenting styles can predict 11 percents variance of positive attitude to delinquency. Finally authoritative, authoritarian, and Permissive parenting styles can predict 43 percents variance of self- efficacy. Thus, it can be concluded that parenting styles and self- efficacy are predictive variables for attitude to delinquency in students; those who are responsible for student’s mental health and families should pay a special attention to it.

International Criminal law has developed vertically and horizontally. One of the main achievements in the development is establishing international criminal courts. Senegal's court, established in 2012, to prosecute President Hissène Habré can be considered as one of the newest third generation of the Criminal Court. This branch is established under an agreement between the Government of Senegal and the African Union for the trial of former Chadian President Hissène Habré. This study seeks to analyze the origins and causes of the establishment and competence.

This article aims to investigate the level and factors affecting fear of crime in two different regions of Mashhad. Samples of 228 persons living in these regions were selected with multistage sampling survey method. The 4th region is located in the poorest part of Mashhad while the 9th region is one of the richest parts of Mashhad. The findings indicate that fear of crime among persons living in region 4, was higher than the other region. Factors affecting fear of crime in these two areas include: the social disorganization, lack of trust on police and diversity of subcultures. In addition, in relation to media consumption and social bonds these two regions are different. In repeated victims, fear of crime was a bit more than other people. Also, there is a relationship between some demographic variables (such as sex, education and marital status) and fear of crime.

Foundation of repentance following Islamic resources is an impressive suggestion in the Islamic Penal code (1392). However its regulations are inconsistent with Islamic rules and legal principles in some cases. Legislator’s innovation to categorize crimes according to severity of punishment and acceptance of repentance only in minor offences lacks sufficient valid bases and causes confusion in legal principles. Fixing the numerous troubles in current regulations of repentance in Tazir crimes is only possible by limiting those regulations to Tazir crimes not present in Islamic resources (inhibitory punishments-Tazirat e Hokumati) and excluding offenses specified in shari’a (Tazirat e Shar’ee).

Principle 38 of constitution law states:”any torture for confession or getting information is forbidden. Forcing people to testify, confession or oath is not valid and this testimony and confession and oath in not acceptable before the court”. The offender who breaches this norm will be punished under the Islamic criminal law. On the other hand, article 159 of criminal procedure law states: every witness of an investigation and a person who are aware must be available at the specified time, otherwise they will be summoned for second time and if they and not available without any acceptable reasons, they would be arrested according to the courts order. These two articles raise a question as to why these two articles stabilize this rule. In other word, what is the base of these rules while the constitution law says that arresting a witness and forcing them to testify is punishable? On the other hand, international documents consider the role of witness in finding truth and emphasize to defend their rights. This article is going to criticize the condition of witness arresting in criminal justice of Iran.

Offender surveillance during the imprisonment is a fundamental issue, which has been studied extensively in practical criminology in developed countries. Pitfalls and desperation that the penal systems face with when they are unable to explain indicators, tools and symbols for an effective implementation of these tools to empower the system can be an important issue to be studied. Subsequently, the trial and error methods in countries like England and Wales have brought about some suggestions. This research has opted to introduce and share the experiences gained in this field by presenting the solutions like" Criminal-oriented", "Prison-oriented", and a third option that can be a mixture of both on the basis of the legal capacities in the Iran's penal systems. It has also tried to put forth a perfect model to monitor the offenders in the process of the imprisonment. CCTV, group therapy, social workers, and implementing the pseudo-family phenomenon in prisons are among these mechanisms whose effectiveness will be presented as the main finding of this research to be practiced during the offender imprisonment.

In national criminal law, superior order is no excuse for subordinate, unless in some exceptional requirements proves that the executor has had a mistake of law, a mistake of fact, or has been under duress. In international criminal law, the possibility of attribution to this defense is more limited, because international crimes are the most serious types of crimes that concern the international community as a whole. Therefore, the defense of superior order is not attributable to international crimes, expect for war crimes, and for when subordinate proves that he could not understand the illegality of order.