یزدان نصرتی

Violence against children and adolescents is one of the topics that is often raised as a violation of human rights. This problem exists globally and especially in underdeveloped countries, and it creates extensive negative consequences not only for its direct victims, but also for family members and communities. Considering this issue, the aim of the current research is to examine the position of the prohibition of domestic violence against children and adolescents in the light of international documents.

The current research is of a theoretical type and has been carried out with a documentary method. The data has been collected in a library form through bibliography and data collection and finally analyzed.

Domestic violence against children and adolescents is significant from two perspectives: one from the perspective of the right to health and the other from the perspective of prohibiting discrimination and not paying attention to the position of children and adolescents in the family. Committing domestic violence against children and teenagers violates examples of fundamental human rights. Fundamental human rights in the literature of international human rights have a mandatory description. Governments are obliged to fight against this phenomenon and take the necessary measures to prevent it from happening, and if it happens, to follow up and punish the perpetrators through legal means.

The Convention has played an effective role in defending children's rights, but it has shortcomings in areas such as weak structural coordination, executive guarantee, theoretical foundations and definitions, and the non-deterrence of declared punishments. In many aspects, the Law on Protection of Children and Adolescents 2019 provides adequate coverage for the obligations arising from the Convention on the Rights of the Child.

With the passing of the law on reducing the punishment of imprisonment, the method of punishment and the type of punishment in the penal system were accompanied by changes, and in line with the process of decriminalization, the legislators predicted and implemented changes in the regulations and examples of conversion and mitigation of punishment, as well as changes in the scope of punishable crimes. and the regulations related to the multiplicity and repetition, the result of this law has been sought in reducing the punishment, with this description, the main purpose of this article is to specify what means and in what way the legislator used in order to decriminalize in the dynamism of the criminal justice system based on the law The punishment of penal servitude approved in 2019 has been reduced.

The research method is practical in terms of purpose and is based on descriptive-analytical nature.

According to the teachings of criminology in dynamizing the criminal justice system with the tools of decriminalization and legislative decriminalization, as one of the arms of decriminalization, positive steps such as expanding the range of crimes that can be dismissed and crimes that can be suspended and prosecuted, as well as changes in the regulations Regarding the frequency and repetition, he predicted that these changes were directly effective in increasing the functioning of judicial mechanisms; Nevertheless, among the negative points of legislative decriminalization, we can point out the disproportionate reduction of punishment degrees, regardless of the type and list of crimes in Iran, which has the opposite result of decriminalization.

The Law on Reducing Ta'ziri Imprisonment Penalties reduced Ta'ziri punishments by relying on these fraternal institutions; A measure that at first glance seems to be the most effective way to reduce the punishment of imprisonment and deprisonment, but due to the irregular reduction of punishment degrees, it has caused the loss of the value of the guarantee of criminal executions regardless of the bases of crimes in the society, as well as the approach of decriminalization and decriminalization. Legislation has caused the judicial system to pay more attention to the degree of punishment and jurisdiction of the judicial authority than to focus on judicial decriminalization, and the effect of decriminalization, which will be the removal of hostility outside the official path and the reduction of cases, has been practically neglected.

The dominance of postmodernism in the life of human societies, and the introduction of various variables into people's lives, has led to the complexity of human relationships. One of the important issues in this field is the increase in tension and violence, among which one of the most important instances of violence is domestic violence. Domestic violence has different dimensions and examples, including violence against women, violence against children and adolescents, etc. The present study, which has been conducted through the descriptive-analytical method, will evaluate the criminalization basics of this phenomenon in Iran's legal system and Jaʽfari jurisprudence. The present study shows that despite appearances, some rules such as correction permit of children and adolescents are prohibited in the framework of the ruling jurisprudence-legal system, and all instances of violence against children and adolescents are prohibited, and the existence of special educational-educational rulings does not provide permission for violence against children and adolescents.

Public proceedings are one of the principles of fair proceedings, the limitations and exceptions of which are of great importance and sensitivity. The nature of these limitations and exceptions are important issues that have received less attention in the shadow of the principle of public proceedings. The purpose of this article is to examine the exceptions of public proceedings in criminal jurisprudence, Iranian criminal law, human rights documents and international criminal law. This article is descriptive and analytical, and the library method is used to investigate the mentioned topic. The findings indicate that in jurisprudence, the acceptance of the principle of public proceedings can be inferred, but there is no mention of its exceptions. In Iranian criminal law, at the discretion of the court and in cases such as children's court, public decency, public order and security, religious or ethnic sentiments, and private lawsuits, if the parties to the lawsuit request, the proceedings are closed. In human rights documents, ethics and public order and national security of governments are exceptions to public proceedings. In the statutes of international criminal courts, issues such as public order or morality and security, protection of witnesses and victims, compliance with the expediency of justice, and protection of documents and information are exceptions to public proceedings. Although in international documents, these exceptions are stated in a general way, but the general and non-transparent statement of these exceptions in the domestic laws of countries, including Iran, cannot be defended.

The purpose of this research is the comparative study of Iran's criminal policy regarding drug crimes in the addendum of Article 45 with Convention of 1988, which is carried out by a descriptive-analytical and library-documentary method. The research results show that the legislator's excessive recourse to severe punishments, including long-term imprisonment and execution, is clearly seen in the law and always included in the anti-narcotics programs in the criminal policies of the post-revolution era. Despite joining the 1988 Vienna Convention and international opposition to heavy punishments, including execution, this procedure still remains in force. The elements related to drugs in Article 45 are around the reduction of punishment about drug crimes, including the use of weapons, having a leadership role, having a record of definite conviction, the possession of a certain weight of the substances that are the subject of the crime, and the use of children and insane persons.

Since maintaining and establishing security in the country is one of the requirements of a country's system, so the rule of law is also important to support the process of maintaining security. As crimes such as espionage, moharebeh, insurgency, and assassination of political officials directly target national sovereignty and the foundations of government. This study aims to investigate the criminal protection of the rule of law in the realm of security crimes. The present article has been done by descriptive-analytical research method, which has been done with the tools and with reference to the existing laws, books, articles and dissertations. In our country, various crimes are provided in the criminal law, especially the Islamic Penal Code, which aims to combat crimes against the security of the country. What has been missing from our country's criminal justice system for years, and its lack has been clearly observed, is the lack of a criminal theory that fits the ideals and goals of society. Undoubtedly, every society and every judicial system has specific strategies and laws to create and maintain national security against domestic and foreign crimes, and to maintain the security of citizens and society in the shadow of criminal protection of these laws. But the lack of transparency in the law, which is intended to maintain security; It itself deprives the citizens of security.

Since maintaining and establishing security in the country is one of the requirements of a country's system, therefore, the rule of law is also important to support the process of maintaining security. This study was conducted to investigate the criminal protection of the rule of law in the field of security crimes. The present research has been done by descriptive-analytical research method, which has been done with the tools and with reference to the existing laws, books, articles and dissertations of the present research. It should be added that in this study, the rule of law, perceptions of the rule of law, the position of the rule of law and the rule of law in the Islamic Republic of Iran have been studied. From this research, it can be concluded that without a doubt, every society and every judicial system has specific laws and governance that maintain the security of citizens and society in the shadow of criminal protection of these laws.Keywords: Sovereignty, Law, Criminal Protection, Constitution

Administrative litigation as one of the most important types of litigation in any legal system is related to individual freedoms. Thus, along with the chapter on hostility and the realization of justice, the discovery of the truth is one of the most important goals of administrative proceedings. Discovering the truth, which means the process of convincing the judge's conscience in obtaining the truth of the cases, is one of the most important challenges and issues in administrative proceedings; Because the process of discovering it is not simply possible. Accordingly, if the ultimate goal of administrative proceedings is to discover the truth, it must include characteristics and requirements. Accordingly, the judicial system with features such as the principle of publicity of the proceedings, the principle of expertise and correspondence and requirements such as the fulfillment of fair trial standards, the right to a lawyer, two-stage proceedings, results show that judges can not resort to methods that are outside the scope of the law to discover the truth. acquisition of evidence will be legitimate and lawful whenever the provisions of the law are observed and the fundamental rights and freedoms of individuals are observed in the collection of evidence, but if, in the process of obtaining evidence, legal rules are violated, obtaining evidence is illegitimate and illegal. will be. Therefore, the mere legality of the study of reason or the legitimacy of the system of legal reasons is not sufficient to be presented in court; Because the reason must be obtained legally.

Following the methods of differentiation (specialization) in criminal law is a necessary thing that has been achieved in many other legal systems. One of the areas in which the differentiation of criminal procedure should be manifested in its territory is technical and specialized crimes, and this study has examined one of the green crimes as one of its examples. In this study, it was concluded that in our systemic law, there are manifestations of differentiation from private to technical and specialized crimes in the form of specialized courts, but since terrorism is still achieved in our systemic law. The independent form of criminalization is also assigned to the trial and has special regulations, there is a serious weakness in our legislative system. In addition to the effects, the anticipation of requirements such as increasing the number of specialized green courts and specialized courts and eliminating specialized courts in dealing with green crimes, the use of specialized judges and officers, and the Special Police for Environmental and Continuing Education. Their recognition of the right to reason and objection to votes for green poison can be used to differentiate between green crimes and the realization of real criminal policy.

Criminal procedure as a measure of the degree to which criminal justice systems adhere to human rights has long sought to respond to crime. Although the procedure of the criminal procedure has important goals, but the main mission of the procedure is to discover the truth in the cases. Although in the past the process of discovering the truth was simple, with the rise in crime rates and the emergence of white-collar crimes, the discovery of the truth has been challenged; This means that the complexity of the crime has also made the truth-seeking processes difficult. However, due to the mission of criminal procedure as a chapter of hostility, judges try to identify the truth in various ways and, based on that, issue a fair verdict in a fair process. Due to the fact that the public expectation from the penal system is to investigate crimes committed and restore public order, judges have been given privileges according to which they can perform their assigned duties. One of the most important powers given to judges to discover the truth is the principle of freedom of reason; This means that judges, in the position of discovering the truth, can obtain any reason. However, the prohibition of abuse of power and the prevention of arbitrariness of judges has led to the recognition of the principle of legality of the study of reason in addition to the principle of freedom of reason.

The increasing number of environmental crimes and the failure of criminal justice to achieve punishment and deterrence through the means of punishment, has made it necessary to pay attention to the prevention and restoration of biological damage; Therefore, we are witnessing the change of lenses towards restorative justice. In this regard, damages and crimes against the environment, due to their widespread victims, have a fundamental need for restorative justice. In Iranian criminal law, several laws have been passed in the field of environmental protection that have restorative approaches, but however, due to the verdancy of restorative justice in relation to criminal justice, there are challenges in this field that the main purpose of this study is to identify the effects and requirements of this field.

In this research, by descriptive-analytical method and using library resources, restorative regulations on environmental crimes were analyzed.

 Standards related to ethics in research and fidelity in citing references have been observed.

In this study, it is found that in the context of various laws, there are methods of restorative justice that can be achieved in biological damage.

There are provisions in various laws regarding the compensation of losses and damages for environmental crimes. The first provision is observed in the Code of Criminal Procedure adopted in 2013, which is required for the first time in some cases to issue restrictive orders. To prevent biological damage and repair the environment, the most important strategy is to restoration of the status quo Ante in which restoration and repair play a key role, but since it is not possible in some environmental crimes, there are other strategies. The second solution is payment by the polluter and the final solution is compensation for environmental damage through the government fund, that of course, all of these principles and solutions have been challenged.

Imprisonment is the front line of Iran's criminal policy to deal with crime, and the application of prison sentences with the aim of preventing crime and reforming criminals by legal authorities has exacerbated the inflation crisis in the criminal population. Iran's criminality is in legislative, judicial and executive dimensions, and the research method is descriptive-analytical, and the findings indicate that the unsuccessful experience of using the prison sentence and the emergence of many undesirable effects caused a new approach from the criminal justice system. The use of alternative punishments of imprisonment should be put on the agenda, and by reducing and adjusting the conditions of applying alternative punishments, requiring courts and judges to apply alternative punishments, multiple alternative punishments and creating a culture of acceptance of alternative punishments of imprisonment in the judicial system of the country, to the goals of this Criminal politics arrived. to the goals of this Criminal politics arrived.

The principle of publicness of proceedings is a composite concept that can be divided into different elements. For this reason, to understand and explain the true and precise concept of the said principle, all those elements and requirements should be taken into consideration. In fact, the main concern of this research is the answer to the question, what are the corresponding and complementary principles of the principle of public criminal trials? This research was done with descriptive-analytical method and with available library and internet resources. The findings of the research emphasize the hypothesis that principles such as the principle of innocence, legality, etc. correspond to the principle of openness in the direction of a fair trial. If one of the important requirements of public proceedings is the publication of judgments, which is emphasized in the International Covenant on Civil and Political Rights and the European Convention on Human Rights. Iran's law regarding the publication of court decisions, contrary to human rights documents, mentions cases as exceptions. has done, which is in conflict with Iran's human rights obligations, especially Article 14 of the International Covenant on Civil and Political Rights.

The legislative review of the criminal record on the crime of repetition and the severity of the punishment for repeated offenders indicates that the legislator firstly used various laws to include repetition of crime, and in some cases such as drug offenses and for criminal reasons. It has taken into account a certain degree of exacerbation that is markedly different from what is stated in the rules on repeat offenses in Islamic Penal Code. To this end, this article aims to investigate the causes of non-alignment of judicial and legal criminal policy in drug related crimes.

The most important causes of non-compliance with judicial and legal criminal policy in drug-related crimes can be some of the most unethical and unjust cases, such as imposing severe penalties, especially in the context of the death penalty, inappropriate crime, lack of independence of the judge. Legislative justification for non-compliance with the principles of fair punishment, effectiveness of the judiciary from public opinion, and weaknesses in the means indicated that removing any of these factors can pose significant problems in drug criminal policy. Which eliminates the conflict of legislative criminal policy with judicial criminal policy and thus It has established the state and if it does not take care of these causes, the fight against crime will be disrupted and it will go further than the ethical and justified path it pursues.

 the assumption of the criminal justice system is that relative criminal responsibility begins at the age of 9 and ends at the age of 18. In the new Islamic Penal Law, in a commendable step, the Iranian legislator, by accepting reduced criminal responsibility in punishment crimes for children and adolescents, defined three stages of time after the realization of legal maturity, the beginning of criminal responsibility up to the age of eighteen years as full criminal responsibility, in has considered

In terms of the purpose, the present research is a part of problem-oriented applied research, and in terms of the method of collecting information, it is a document, and the collected information is analyzed in an analytical and descriptive way.

and adolescents is accepted as a principle in terms of age, intellect and criminal development. The age of 9 and 10 is chosen as the minimum age in the laws of Iran and England, respectively. Criminal responsibility is very low and it is not in accordance with the biological, mental and psychological conditions and the realities in the lives of children and adolescents and the provisions of the Convention on the Rights of the Child. On the other hand, despite the acceptance of relative criminal responsibility in the laws of Iran and England, the laws of Iran do not accept this type of responsibility. It has been accepted in Ta'ziri crimes and has not been accepted in punishable crimes, therefore, in these crimes,

Imprisonment, with the aim of preventing crime and correcting the offender by legal recourse, has exacerbated the inflation crisis in the criminal population. Therefore, a new approach to prison and prison guarding was adopted by the Iranian criminal justice system with the passage of more up-to-date laws, and the use of alternatives to imprisonment was on the agenda, as the Iranian legislature, following the policies of other countries, approximately 5% of the law. Islamic punishment has allocated 1392 to such punishments. Now it must be clarified what are the most important obstacles to the application and implementation of alternative punishments to imprisonment in Iranian criminal courts? It seems that the most important obstacles to the application and implementation of alternatives to imprisonment are judges' disbelief in these punishments; Their imprisonment culture and the inefficiency of the executive regulations are alternatives. However, the analysis of the verdicts shows that judges are more interested in imposing fines among the various alternatives to imprisonment. Judicial views appear to be shifting further towards new alternative punishments, such as probation, community service, daily fines, semi-liberty, and deferral of sentencing.

From the point of view of criminal law, the commission of a crime or any violation of criminal laws and regulations does not lead to responsibility alone, but in order for the perpetrator to be considered morally and socially punishable, a series of conditions must be met at the same time. ; The occurrence of criminal behavior must be accompanied by the knowledge and awareness of the perpetrator of the illegality of the act. In such a way that if these two elements are excluded from the conditions of committing a crime, the criminal punishment of the perpetrator will be reduced and will not be applicable. The present research is a problem-oriented applied research in terms of purpose and is documentary in terms of data collection method and analyzes the collected information analytically and descriptively. Findings of the study emphasize the hypothesis that the basis of the reduced responsibility of the innocent in committing crimes, in the light of mental disorders and abnormalities, the psychological function of the person suffers, is evaluated and examined. Both Iranian and British legal systems are accepted. However, the Iranian legislature, rather than dealing with the terms and conditions of the defense of insanity and its effects, has contented itself with stating that insanity removes the responsibility of the perpetrator. Based on the results, insanity has been accepted as one of the factors removing criminal responsibility in both the Iranian and British legal systems.

Alternatives to prosecution are the third way and middle method between the prosecution and unconditional archiving the case. Objects of punishment, in this method, Will be achieved without prosecution and punishment. Alternatives to prosecution are based on the cognitive school, criminology and practical considerations and In Islamic teachings, there are many cases applying this method in the process of prosecution and punishment of offenders. In English law, Alternatives to prosecution have more appearance, because the prosecution is based on public interest. Because of studies, in the adoption of the Penal Code of 1392, the Iranian legislator considered the effects of these alternatives. However, these alternatives, as they should, have not been developed. Lack of development in these alternatives is the result of numerous obstacles. Reviewing the U.K. law, understanding these obstacles and providing necessary solutions for them, justifies the necessity and purpose of the present research and could create a promotion in the criminal prosecution system using these alternatives. These obstacles can be expressed in the theoretical challenges (lack of ideas and replacing alternatives) and practical challenges (lack of practical mechanisms for the implementation of alternatives). Examples of such challenges include: not paying attention to the objects of punishment, Tendency to punishment, Police Restriction, lack of attention to the personality of individuals at the beginning of the prosecution of crimes and...