محسن نور پور

From the Islamic revolution penal reactions in Iran has been experienced two completely different periods: first the revival of public display of suffering in the first decade of the revolution and then, elimination of this kind of punishment from public arena in the next decades. Undoubtedly, political economy of power has important role in this penal changes. However, we cannot neglect the role of structure of social solidarity.Birth of single-structured society in the first decade of Islamic revolution paved the way for revival of public punishments. In this time, public display of suffering were like rituals that its role were revival of social values in single-structure society. But, in the following decades, these punishment were not understood by society. Because of it, physical punishments step by step eliminated from public arena and transferred in the bureaucratic system.

The subject of the present article is to examine the evolution of corporal punishment in the first decade of the Islamic Revolution and to analyze the factors affecting it. To achieve this goal, various documents have been referred to. Also, the role of different socio-political forces and the space and context of society, have been analyzed in the evolution of the discourse governing corporal punishment. The results of the research show that in the case of corporal punishment, three different discourses can be identified in the first decade of the revolution. The discourse of Sharia orientedness shows itself immediately after the victory of the revolution, as a result of which corporal punishment is carried out on a large scale and with an ideological reading of religion. The second period began a few months after the revolution and continued until the ratification of the penal code. The third period, which begins in 1982 with the ratification of criminal law, is the period of consolidation of the discourse of legalism on corporal punishment. Each of the above discourses is first described and the reason for evolution of these discourses is analyzed with regard to sociological perspective.

In criminal law studies in Iran changes on the penal symbols and institutions often considered as technical changes and the results of developments of Criminological-Penological studies. This is a one point of view about developments of penal system. But there are other points of views. These points of views insist on systematic thinking about punishment and the deep relation between punishment and other social subsystems. In These points of views punishment is known within social structure and its relation with other social subsystems. According to this, changes on penal subsystem is because of changes on other social subsystems. Based on this framework of perception, we can talk about an important penal change in Iran: Transition from powerful religious judge to the unauthorized judge. This important change was sign of deeper changes in the social system and especially power structure in Iran. This research tries to analyze reasons of this penal changes based on sociology of punishment

Non –reporting of victimization to police-judicial authorities and inaccessibility to the black victimization figure is one of the major problems with criminal justice systems. Self-reporting of victimization in the form of victimization surveys is one of the scientific-experimental ways of achieving the true victimization figure. Currently, this method is recognized in many countries, and even internationally, as a grandiose Strategy. While in Iran, these surveys not only have no place in the executive-policy-making structure, but also face severe scientific poverty at the level of research literature. The purpose of this study was to investigate the unreported victimization rate and the factors affecting it in the last five years among male students of Ferdowsi University of Mashhad. The statistical population was all male students of Ferdowsi University of Mashhad in the second semester of the academic year of 2015-2015 among whom 350 students were selected using Cochran formula. The results show that more than half of the victims did not report the actual casualties for various reasons. The highest incidence of victimization is related to financial and street crimes including theft, purse and pocket crime, while the lowest incidence of victimization is related to sexual offenses related to the redundant reputation of the victims.

Nowadays, one of the most important mechanisms for achieving victimization rate is to use of victimization surveys or victimology which are used as an appropriate strategy nationally and internationally. These surveys aims primarily to find out the type, nature, frequency of crimes, characteristics of victims and the relationship between the victims (The victimized) and victimizer particularly, to discover the reasons for not reporting victimization to the police and judicial authorities. Then according to the received information, the necessary strategies will be provided to facilitate the process of victimization reporting, prevent re-victimization and support the victims. The article analyzes the necessity of victimization surveys or victimology in the Islamic Republic of Iran based on legal documents through using analytical-descriptive method. Results show that although there is a great legal capacity (such as both upstream and ordinary documents) for victimization surveys or victimology in our country, it has not been done in a purposeful and methodical way. Hence, conducting these surveys will be faced obstacles and limitations firstly, the existence of positive social and individual effects make it necessary inevitably.

The birth and transformation of the emergence of punishment comes from historical accumulation and the transformation of other social phenomena, and in particular the perception of public opinion about the nature and function of punishment. Due to this dependence, criminal law can’t be overlooked when it comes to criminal law. Field surveys are a way to decipher the criminal will of the community. The present paper aims at analyzing the degree of convergence of public opinion with physical punishment from the socio-cognitive perspective. This research is a descriptive-analytic type that has been surveyed. The statistical population is all citizens of Mashhad in 13 areas in 1395. Sampling was done as a combination of simple, clustering and simple random methods. Data collection was done field by using a researcher-made questionnaire. The respondents' views about non-crime punishments from different crimes were drawn up in the form of five Likert options. The results of the research show that the extent to which public opinion agrees with punishments that directly offend public feelings, such as rape, acidity, and embezzlement. On the contrary, in crimes based on satisfaction (sodomy) and in crimes that are the main cause of socioeconomic issues (drug and robbery), the rate of opposition to severe punishment is high. When legislating criminal, these diverse tendencies of public opinion should be considered. Not paying attention to these tendencies will trigger a chain of public opinion resistance against a formal criminal policy.

Several factors like age, degree of education, sexuality, race, social and political belief, crime rate, media, conjunction with offender or victim are effective about rate of desire about implementation of harsh punishment. In this research we try to evaluate the relation between sexuality and desire to imposing of harsh punishment. This research is descriptive- analytical and based on experimental study in Mashhad. Also, this research based on multi stage statistical sampling. Research hypothesis is less criminality of woman than men. Research results show that in Insect, Embezzlement and Had punishable stealing there are relation between sexuality and criminality. In Embezzlement and stealing women have less desire for imposing harsh punishment than men. In contrast, in Insect women criminality is higher than men. In contrast, in Insect women criminality is higher than men. It means that in Insect women have harsh desire than men. 

The pursuit suspension entity as one of the strategies that is in line with the guidelines of criminal abolition, was finally established in the Criminal Procedure Code of 1392 after several decades of uncertainty. This entity is a main manifestation of pursuit actualization that recognizes the right of the criminal case suspension by suspension authority. Although pursuit suspension differs from “criminal compromise” in France Law System in terms of realm, method and enforcement, they resemble each other in terms of efficiency in results. The aim of the present study is the assessment and critical analysis of “Pursuit Suspension” in light of comparative study of its French counterpart that is “criminal compromise”. Despite the legalization of the pursuit suspension strategy in Iranian law, the judiciary has not yet shown convergence and acceptance. Among the reasons for this, in addition to the lack of the necessary cultural-judicial background, are the numerous flaws and challenges facing this entity. In the first part of the article, the principles and reasons for accepting this strategy and the changes in role and position of the court in criminal pursuit are analyzed. In the second part, the principal and legal challenges of pursuit suspension, including inconsistency with the principle of exemption, the principle of separation of the pursuit authority from the prosecuting authority and the rule prohibiting retrial, as well as its executive objections in terms of territory, in-text and extra-textual conflicts, ambiguity in how to apply, etc. have been analyzed and the required strategies have been proposed to eliminate the existing flaws.

Today, we see more and more of the interaction between criminological teachings and the various areas of criminal science found in new laws. Of these, Of these, the Compulsory Insurance Act provides for damages to third parties for accidents caused by vehicles approved in the year 1395, when the legislator has taken steps to adopt and operate preventive criminological teachings, albeit shakily. The purpose of this paper is to examine the social prevention approach of  driving crimes and violations in the light of a third-party insurance institution. In this regard, efforts are being made to analyze its legal principles and effects. Indeed, the main question of the research is how can a third-party insurance institution have a proactive approach to crime?
Findings of the research indicate that the basis for interaction between this institution and social prevention of crime can be social co-operation, distribution of disadvantages in society and participation of civil society in crime prevention. The types of prevention include the prevention by culture, the development or limitation of social and legal protection of the insurer and the utilization of the capacity of the local community. The analysis of the legislature's discourse in this area reflects the emergence of new approaches to prevent driving crimes and violations.

Housing is one of the basic needs of all citizens of any country compels the government officials and economic planners to think about meeting this need. One way of housing, is building pre sale through channels such as the mass housing that also encourages pre-buyers to purchase these units because of advantages such as a more reasonable price and payment by installments. In Iran also, especially this method of assignment of housing is mostly seen in recent years. This area, as other areas, has been associated with damages and crimes.
What is important in this field in terms of criminology is the unfavorable environment which has provided the ground for several property crimes such as scam via multiple-selling of apartment because of lack of oversight and proper law in this area. To address this gap and remedy in this context, the law of pre-sale of the building was approved in 2010. The present paper tries to answer the question of whether situational prevention approaches can be identified in this law. To answer the question, the situational prevention strategies and approaches outlined in the law will be analyzed in two cases of risk-increasing measures foreseen in the law (article I) and cases where handicapping is identifiable via removing opportunity (article II ).

The issue regarding the multiplicity and inclusion of the atonement is to be considered among those topics which have deserved less attention in Islamic criminal law. In Islamic criminal law in 1370, the spirit of some law articles says that some atonement were in exceptional cases included. Due to this fact, the knowledge of these exceptional articles was quite hard. Hence, the legislator, knowing this fact, in developing the Islamic criminal law of 1392, tried to extract the rules governing the multiplicity and unity of the atonements from juridical texts and make it law-like.
The chapter concerning the inclusion of or exclusion which has been discussed in part nemesis and atonement of Islamic criminal law of 1392 is rooted in the rule of "inclusion of exclusion of atonements" which has been discussed in detail in princlipal and juridical textbooks. This research embarks on discussing the topic "inclusion and exclusion of atonements" from the abovementioned rule and then tries to find out about the multiplicity and unity of the atonements, mentioning criminal instances, at hand narrations, and when needed mentioning the technical viewpoint of judiciary

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.

Context and In recent decades, criminology theories have changed all areas of criminal science and especially criminal procedure. Considering the fact that police are known as the first role-playing institution and link bridge between people and judicial system, the question is whether such an institution is affected by criminology findings or not. In this article, after describing the characteristics of traditional police and criticizing it from the perspective of criminology theories, modern police and criticisms made on it, will be discussed. The study has been conducted in descriptive-analytical method and by means of library resources During criminal law developments, such as other criminal departments, have faced various developments. Such developments influenced by criminology findings, have made fundamental changes in this institution in long years. Like criminal justice system, police have tried to influence public opinions only by emphasizing the immediate arrest of offenders and prevent crime commission; but, inefficacy of the suppressive approach of criminal law and police was followed by extensive criticisms of criminology schools of thought, especially social reaction school of thought. Such criticisms made wonderful changes in these areas. Modern police which is the product of these criticisms emerged in two types: partnership-oriented and control-oriented. Iran has been influenced by international developments and criminology findings in the domain of police duties and authorities and moved toward society-oriented police which can be powerful arm of judicial system. The impact of these developments on criminal procedure in 1392 is tangible.

Hodood’s punishments with certain legal (Shar’ee) retributions, fixed, fairly extreme and with evident quality are legislated for breaking basic and agreeable values of lawgiver. The situations of these kinds of punishments are important because various verses of Qur’an emphasize on their benefits and profits of its performance. Despite emphasizing on their situation base on sources and Islam’s Grandees’ life, not only discovering and proving crimes became limited and difficult but also always emphasized on hiding crime and their insupportable. Even in limited cases that crime became proved; many obstacles appear that performance of punishment became difficult, tools such as repentance are examples for miscarried of Hodood. With paying attention to the subject we could scientifically and logically analyze this superficial opposition, at the first step the lawgiver with legislating dense punishments for breaking some basic values tried to show Hodood’s greatness and prevent these kinds of crimes. In the next step with emphasizing on this greatness and with a reformatory and training view to punishment and by controlling miss-effects of performing continually Hodood in society, limit proving the Haddi punishments. In other words these intensive punishments have symbolic functions for protecting values. Perhaps in limited cases, as the only possible solution that purposes of Haddi punishments would ascertain with them, Hodood’s punishments would become performable and criminals would become punished.