فهرست مطالب farid mohseni

Formulation of a comprehensive and coherent criminal policy regarding alcohol-related offenses is very important. Iran's legislative criminal policy, based on the prohibition of alcohol consumption, with an emphasis on the theory of absolute criminalization, has attempted to criminalize all behaviors related to it. However, the existence of some legislative gaps and challenges and lack of coherence in jurisprudence in some relevant dimensions raises doubt about the integration. Due to the lack of an initial prohibition on alcohol consumption, the legislative criminal policy of England has adopted a type of legalization and supervisory approach and uses the criminal justice system to control certain behaviors related to alcohol. In the law of this country, various instances of alcohol-related behaviors that are mainly antisocial in nature have been criminalized, and offenses related to drunk driving are among the most important ones. This article uses descriptive and analytical methods to study and evaluate the legislative and judicial criminal policy of these two countries regarding alcohol-related offenses.

Baiting is considered as a behavior that aims at disputes, personal and financial abuses, conflicts, etc. in cyberspace. Baiting can be influenced by various factors that aggravate these crimes in cyberspace. The purpose of this study is to identify the effective factors and strategies to prevent bait in mixed approach cyberspace.

The present study, in terms of applied purpose and in terms of nature and method, is in the category of exploratory research. According to the research strategy, the steps of conducting research should be described in two parts, qualitative and quantitative. The statistical population of the research in the qualitative and quantitative sections consists of academic experts who were selected as the sample members based on the principle of theoretical adequacy of 14 people. On the other hand, in the qualitative part of the research, semi-in-depth (semi-structured) interviews were used to collect data, the validity and reliability of which were confirmed using CVR and Kappa Cohen coefficient. Also, in a small part, a pairwise comparison questionnaire was used to collect data, which its validity and reliability were confirmed by content validity and incompatibility rate, respectively. The collected data were analyzed qualitatively using Atlas.ti software and coding approach.

The results show that individual causes (age, gender, aggression, moral insanity, etc.), lack of appropriate and deterrent rules and regulations, weakness in infrastructure and security systems, disbelief in value. The norms and attractiveness of cyberspace were identified as the most important effective factors of baiting in cyberspace. The findings also indicate that the use of Islamic views and teachings, culture building (institutionalizing the culture of using cyberspace), educating and informing users and increasing user resilience are the most important ways to prevent bait. are placed in cyberspace.

Online anti-social behaviors such as bait disrupt constructive debates, affect some military elements of the people, and provide the basis for crime. In the past, cyber-baiting behavior was thought to be limited to an anti-social minority, but even ordinary people do so because of the characteristics of cyberspace.

In today's world, one of the most important educational environments that affect children and teenagers in their education is virtual educational environments, and this environment is full of diverse teachings due to its freedom, and children and teenagers should not be left in this vast abyss. . Therefore, the purpose of the present research is to explain that if children and teenagers are taught how to use cyber space properly, this space can be used as an ability to achieve the goal of social prevention of delinquency in this age group. This article in its purpose is practical and written using descriptive-analytical method and using library resources. The findings of this research show that children and teenagers should not be left in cyberspace and guiding this age group in interacting with this space is a necessity to achieve the goal of crime prevention. The research comes to the conclusion that by creating suitable platforms in dealing with the possibilities and harms of cyberspace and turning this environment into a suitable educational environment, while respecting the rights and freedoms of children and adolescents, it is possible to use the social-oriented prevention tool to implement its goals, i.e. not to be biased. The children and teenagers of our country made the best use of delinquency.

Service providers, developers and content producers in cyber space are often non-governmental natural/legal entities. Therefore, ensuring the security of this space depends on the responsible participation and association of nongovernmental organizations with the police in the process of crime prevention and cyber security. In the domestic arena, all individuals and institutions related to cyber activities can directly participate in the security of the cyberspace and be reliable partners of the police, but the main problem in this regard is the way to organize and use and the communication model of these partners with the police in the international arena. And the range of police powers.

The current research is descriptive-analytical and "applied" in terms of its purpose. The method of data collection is also a library with a chip removal tool.

The security of cyberspace, policies, strategies, programs and preventive measures in it are significantly dependent on the private sector, and security in this space should be provided with the view of maximum participation and above all, it should be based on interaction and use of capacity. be in the private sector. Cooperation with the private sector, especially to monitor the main entrances of Internet communication and border crossings, data storage and communication infrastructure, and systems carrying national big data to prevent penetration, variability, maintain integrity and credibility, and exchange secure content. and healthy and awareness-raising and the adoption of appropriate technical measures in parallel with the observance of the fundamental rights of individuals through helping the coherence and coordination of programs centered on the police should be followed for the inherent duty of crime prevention and detection.

conclusion of cooperation memoranda, establishment of international institutions and organizations between the police of Islamic countries, acceleration of the creation of a national information network by using the capacity of the private sector and formulation of frameworks for the cooperation of the private sector with the police by using the capacity of Haya Rapid response teams, establishing contact points with the private sector, especially in the international arena, can help the police in cooperation with the private sector to ensure the security of cyber space.

The aim of this study was to investigate the factors affecting the occurrence of crime in cyberspace using a mixed approach.

This research is among the researches mixed with qualitative and quantitative approach which is descriptive-survey in terms of purpose, application and nature and method. The statistical population of the study consists of academic experts who were selected as sample members using the principle of theoretical adequacy and purposive sampling method. In the qualitative part of the research, semi-structured (in-depth) interviews were used to collect data, the validity and reliability of which were confirmed using CVR coefficient and Kappa-Cohen test, respectively. Atlas.ti software and coding method were analyzed and the effective factors of crime in cyberspace were identified. On the other hand, in the quantitative part, a pairwise comparison questionnaire was used to collect information, the validity and reliability of which were confirmed using content validity and incompatibility rate.

The results of the research indicate that based on judgments and surveys of experts, sixteen factors were introduced as effective factors in the occurrence of crime in cyberspace. The findings also show that the weakness of digital literacy of users, emotional, financial and information needs of individuals, cultural weakness, lack of appropriate and deterrent laws and regulations, inefficiency of security systems, inflation and corruption, rising unemployment and low risk of arrest are the most important causes. They are effective in the occurrence of criminal behaviors in cyberspace.

 The definition of crime is in the realm of "beings", but the concept and nature of crime is in the realm of "musts", in other words, what behavior is a crime, we have a reference to the examples allowed in law and based on these examples in existing laws we recognize it. But what behavior should be a crime is a matter for the legislature The definition of a crime varies depending on the type of religious or non-religious view of the world and man, as well as the method of discussion adopted in the relevant field. Artificial and predetermined waiting for the word "crime"; In such a way that its definition or non-definition is the same in criminal law.In most legal definitions of a crime, the legislature has defined a crime as "a behavior for which punishment is prescribed by law"; By providing such a definition, criminal jurists consider their duty accomplished; This is despite the fact that there are formal objections to this definition, such as; Ambiguity in the determination and manner of segregation, lack of distinction of crime from similar concepts, lack of comprehensiveness and obstruction, and that this definition refers to the consequences, as well as substantive objections, including; The basis of criminology is not clear, the crime is an institutional crime, there is a lack of clear rules and references to the examples in the law, which are addressed in this study. 

The entry of the government into the circle of permissible behaviors and the criminalization of some of them have certain bases. The mere fact that the norm is fundamental is not a reason for criminal intervention. Because the norms are not equally important, the legislature cannot treat them all the same, because the subject matter of all prohibited behaviors is different, and the proof of this claim in the field of criminal law is the difference in the amount of punishment that the legislator considered for crimes. Of course, the fact that a behavior is outside the scope of criminal law does not necessarily mean that the behavior is permissible. "infringement" refers to the existence of some forbidden behaviors, which in the interval between crimes and permissions, has been called " infringement ". In fact, the damage caused by committing "infringement" is not enough to make these acts worthy of entering the field of "crimes". This is where "infringement" comes into play and is known as the "infringement law" as a new field in law.

Human trafficking is one of the most heinous and dangerous crimes that human beings have committed against their fellow human beings throughout history, in fact, behavior against human dignity and its commission is a violation of human rights. Due to the importance of the subject, the present study was conducted with the aim of presenting a model for combating human trafficking using a soft system approach.

The present research is applied in terms of nature, descriptive-analytical and qualitative in terms of method. The participants in the study are academic experts who were selected as sample members according to the principle of theoretical adequacy and purposeful sampling. The data collection tool was a semi-structured interview whose validity and reliability were confirmed using CVR and Kappa Cohen coefficient. On the other hand, a soft system approach has been used to analyze the obtained data

The findings indicate that using the soft system approach while providing root definitions of the phenomenon of human trafficking; Its conceptual model was also described. The results also show that the revision of laws and regulations, intelligence of the police, relevant institutions and organizations are important strategies in the fight against human trafficking.

Human trafficking is one of the most dangerous crimes that human beings commit against their fellow human beings. Therefore, rooting it, developing an appropriate model and also providing desirable solutions can be an important and effective step in reducing this social problem.

In Dispute Settlement Council proceedings, a number of legal and ethical objectives and principles are always pursued. The goals include resolving disputes in order to reduce the number of people going to court, putting people's affairs in their own hands, dejudicialization, reducing litigation costs, and preventing lengthy proceedings and the violation of the rights of litigants. The pursuit of these goals should be within the framework of the governing principles envisaged for the Council on the basis of the teachings of restorative justice. The purpose of this article is to explain the ethical goals and principles governing the Dispute Settlement Council based on restorative justice.

The research method in this study is library or documentary. The method of documentary analysis, has been used in the present study; and the tool of data collection is filing of books and articles. Ethical Considerations: From the beginning to the end of writing this article, the moral principles of honesty and fidelity have been observed.

The findings indicate that the Dispute Settlement Council pursues a number of legal and ethical goals that can sometimes be achieved by relying on principles such as the principle of independence, the principle of impartiality, the principle of speed, the principle of public hearing and the principle of certainty.

In resolving disputes by emphasizing the objectives based on restorative justice, it is essential to follow principles such as independence, impartiality, speed, public hearing and certainty. These principles will be the basis for achieving legal and ethical goals such as better settlement of disputes, putting people's affairs in their own, strengthening the proceedings in the council and dejudicialization, reducing the costs of litigation and preventing the prolongation of proceedings.

The punishment of the deprivation of liberty has been widely welcomed in the two areas of legislation and the judiciary. Given the emergence of penal schools from classical to neoclassical school, the imprisonment has always changed in terms of both quantity and quality of the execution worldwide as a result of changes in the purposes of punishments, but to what extent do these changes affect the Iranian legislature? The outcomes of the above-mentioned schools and paradigms governing the imprisonment are accepted when the General Penal Code was passed in 1925. As the Islamic Revolution of Iran took place, the classification of punishments and the maximum reduction of imprisonment rate as tachr(chr(chr('39')39chr('39'))39chr(chr('39')39chr('39')))zir are obtained as result of Islamic Penal Code (referred to in Iran simply as sharīʿa) passed in 1983. Despite the above-mentioned changes, paradigms governing the punishment of the deprivation of liberty have always played a significant role in the Iranian legislature’s tendency towards the imprisonment

With the enactment of the Commercial Code in 1996, the custom of commercial usury during the constitutional period was abolished, and with the dissolution of the Commercial Court, only this bankruptcy became dominant only due to non-payment of debt at maturity. On the other hand, the late conclusion of the composition need, due to the lack of a preventive aspect to the bankruptcy order, practically failed to prevent the liquidation of the merchant's property. The rule of law of liquidation and attention to the interests of creditors also led to the neglect of other components such as factory maintenance and employment of workers and property rights of the debtor.

The research method is comparative-analytical and the data collection method is documentary research. The data analysis method is a descriptive-analytical approach.

In the bankruptcy regulations, efforts have been made to preserve the factory and to express the difference between stoppage and bankruptcy, but due to insufficiency and inconsistency with the provisions of the Commercial Code, it has not achieved much success in reviving crisis-prone factories. Examining the process governing the above-mentioned regulations and comparing it with the reconstruction institution confirms the necessity of changing the philosophy of bankruptcy law.

The commercialization of education in various countries of the world is on rise; however, many aspects of it are still unknown. One of the challenges is position of educational business in commercial law, especially in difficult economic situations such as downtime. The purpose of this paper is to analyze reconstruction of educational activities with an emphasis on commercial law in Iran and selected countries from a comparative perspective. Accordingly, the research method was comparative-analytical and method of data collection is documentary. Data analysis method is a descriptive-analytical approach according to Theisen, and Adams’ categories. The findings of study showed that educational business in Iran has several legal loopholes in terms of determining legal status in commercial law. The second finding reveals that there is disagreement between ministries and various organizations of Iran regarding business nature of educational activity. In this way, the various ministries disagree with each other in deciding on commercial issues - such as bankruptcy, stopping and rebuilding educational businesses - and follow different rules. In addition, the research findings show similarities and differences between Iran and France and the United States regarding to educational trade law. The common denominator of three countries is legislator's attention to continuation of business after bankruptcy with priority of main investor. The main difference is frequent referral of Iranian legislators to civil law to settle lawsuits between stakeholders. In view of these findings, it is proposed that an educational commercial law that is independent of commercial law and civil law be prepared and approved by legislators.

The welfare of groups at risk, including staff engaged in the fight against trafficking in goods and currencies, as one of the social prevention strategies can play an effective role in preventing the occurrence of trafficking-related offenses. Given the economic nature of the crime of trafficking in commodities and currencies, the amount of public and welfare services provided by the government and the sovereignty of these employees can be important factors in preventing crime. When citizens are not afforded an equal opportunity to benefit from economic conditions, behind the circuits and administrative laws and regulations, favorable environments for rent-seeking, bribery, and corruption emerge; Fighting will be handicapped. Changing social, cultural and economic conditions, as well as combating the psychological factors of crime, are at the core of social prevention. This has been emphasized in various regulations and even the constitution. The present article seeks to examine "economic well-being" as one of the social prevention tools for trafficking in foreign exchange and its place in the countrychr('39')s criminal justice policy in the light of high-profile documents, including constitution and policy

The approach based on the constitutionalization of criminal institutions is one of the most effective strategies for organizing the discourses aimed at safeguarding fundamental rights and freedoms of citizens against the state power. Aiming at alleviating the damage caused by unnecessary imprisonment and systematizing the Iranian judicial procedures in selection of this punishment necessitates finding a solution in this regard in legislative and judicial criminal policy-making levels. Doing so, constitutionalization of adopting the "minimum legal punishment of imprisonment" and recognizing this approach as a "legal principle" is one of the strategies that can play a pivotal role in realization of the foregoing goals. In this article, through relying on the principle of criminal minimalism, the way of applying this principle in the selection of imprisonment in Iranian and French legal systems as well as Islamic jurisprudence is studied comparatively.

Privacy and its theoretical issues are in direct relation with governments since the expansion of Privacy and its realm are desirable to individuals and legal entities on the one side, and on the other side the governments, under the political and security reasons, are trying to minimize the realm of privacy in order to get access to information and get permissions for violating this absolute humanitarian right. This research attempts to answer the main questions that what are the bases of privacy?, and what are the exceptions considered thereon in regard with Islamic resources? Consequently, the first step is to look at privacy from public law point of view; furthermore, determine the bases of respecting privacy to support the rights of people and the related exceptions to support the government and the society. Therefore, studying the Islamic resources, we categorized the bases of respecting privacy as: Respecting human dignity, Respecting the righteous people (Mu’min), forbiddance of molesting of people, trustworthiness, prevention of dissemination of prostitute, and keeping ethics. It is clear that the rights of people have been emphasized by Islam, but on the other side, the rights of the society in general which represented by government must be considered as well. Generally, the exceptions toward privacy can be listed as governmental authorities, enemies, domestic hypocrites, children from their parents’ side, the sinner, the ruthless ruler, security breachers, and heretics. In the rest, the stand of privacy in the law of Iran has been studied and the principles of the constitution and the vision document eventuated to the enactment of the comprehensive plan of communication and information technology. Even though the bases of privacy limitations have been used in accord with the Islamic subjects, there are some misinterpretations through the opened issues.

The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the type and amount of punishment will have a fundamental impact on the criminal justice system and achieve its stated goals. The lack of comprehensive guidelines for determining punishment in the Criminal Code has led to the formation of non-consistent procedures in Iran's criminal tribunals, which not only resulted in the maximum and unjustified use of penalties such as imprisonment, but, depending on the kind of persuasive or exaggerated judgment, the issuing judge , Has led to the "happening of justice", while the type of crime and its effects are the same and the same. Hence, the principled and scientific procedure for the issuing of criminal sentences requires, on the one hand, comprehensive and precise review of the courts of appeals against the judgments of the first courts. On the other hand, at the level of legislative criminal law, the legislator should be in a set Use legal materials to determine the principles of the Code of Conduct for Determining Penalties to prevent unequal treatment in judicial procedures.

In criminal justice for juvenile offenders in Iran and England, one of the most common ways to deal with offending children and adolescents is, to keep them in closed places. However, the main difference between these places and ordinary prisons is expressed in this institutes' goal that is the prevention of future crimes for juvenile and reform of their behaviors. Therefore, the imposed environment should be inclined using education plan for upbringing children and adolescents that are potentially problematic and made them an effective learning environment for crime prevention. This article discusses the effective role of imposed and effective learning environments and these environments' problems for educating juvenile offenders with a comparative approach in Iran and England. The findings of thi s study show that, although education-based programs are implemented in both countries with focusing on the prevention of juvenile/youth delinquency, but the status of detention centers is still far from an ideal place.

In spite of the widespread influence of cyberspace on both macro (Government) and micro (citizens) levels, its security provision is also focused attent6tion. Although all criminal activities in cyberspace are not the same in terms of the subject matter, criminal motive, the significance and effects of the conduct, but because all criminal behavior disturbs some kind of security in this area, they are in line with delinquent behaviors in the real space. Some criminal behavior in cyberspace also directly targets a country's security, critical infrastructure, or sensitive information. Therefore, in addition to the necessity of combating cyber threats, the executive agencies of the country, especially the police need legislation in order to implement the criminal policy adopted by the legislature to adequately respond to these behaviors and ensure its security; meanwhile, the challenges ahead require to be examined.

The method of this research is document-based in terms of collecting data, and the documents were collected from libraries and electronic publications. It is a descriptive-analytical one also.

Although legislative policies in the area of virtual space security explain offenses and criminal responses to some extent, many of the action-based measures require policy making and determination of duties for executive agencies. On the other hand, doctrinal and ideological obstacles, ambiguity in criteria governing policy making, weakness of executive agencies and technical access, lack of inclination of private and public sectors to collaborate with police, structural limitations and imbalance in utilizing technologies have prevented the development of a coherent and comprehensive approach to counteracting cyber threats.