جستجوی مقالات مرتبط با کلیدواژه "victim" در نشریات گروه "فقه و حقوق"

Violence against women has existed continuously throughout history and across geography, but in recent decades, especially after modernity, there has been a profound conceptual change, and perhaps the behavior that was considered acceptable and conventional in the past, today is called violence against women. be condemned Sexual violence, as a subset of this general concept, has a special place among the types of violence against women in two ways: the first feature is its prevalence and high rate of occurrence; So that there are always many victims in different geographical areas, different classes and ages, and many women at every level of education and social status have experienced this type of violence. Second, this type of violence is often accompanied by concealment, and it is simply not possible to investigate, investigate, and prove it, and in most parts of the world, especially in societies that are under authoritarian, patriarchal, and misogynistic military rule, there are cultural taboos and obstacles. Various legal and judicial aspects are aligned so that any kind of issue related to sexual relations remains behind the curtain. Among the types of sexual violence, rape is due to the fact that it is associated with irreparable physical, mental and emotional losses against the female victims and their relatives, and may cause the loss of the former social, occupational, family, etc. position of the victim. It is more important. For this reason, societies try to fight this crime with customary, moral and religious prohibitions and passing laws; But the fact is that, despite the condemnation of this reprehensible phenomenon, women's human rights are trampled under the feet of cultural norms and false beliefs about the supremacy of men and the inferiority of women, and sexual violence takes on a sexual nature.After the crime of rape, protecting the victim and preventing the perpetrator from repeating the crime depends on breaking the victim's silence and disclosing the crime; Because in Iranian society, support for women victims of rape is limited to criminal protection and is limited to punishing the aggressors, and it will not be possible to heal the pain of women victims except by filing a criminal complaint in the courts. Nevertheless, no independent reparative institution has been provided to remove the obstacles and hardships of filing a complaint and during the process of proceedings, to support women who are victims of the crime of sexual rape, and this is considered a sufficient reason for not reporting this crime to the criminal justice authorities.The issue of not reporting sexual assault, in addition to reassuring the aggressor, without the risk of arrest, he can commit sexual assault and repeat it many times, especially in societies like Iran, is important because under the influence of traditional norms, The prevailing belief is that if public discourse is not formed about an issue, that issue has not occurred in general; In this way, the widespread denial of the occurrence of sexual assault can cause this crime to be neglected in government policies and reduce the possibility of drawing an accurate image of the state of sexual assault in the society (Shiri, 2017: 122) and as a result, sexual assault as a hard core. Sexual violence against women will continue.The transition from the social and cultural sphere that has been dominated by patriarchal and anti-feminist systems for many years and has normalized sexual violence against women is undoubtedly a process that first of all requires a correct understanding of the status of women in a is society; With this definition, the problem starts from the point where, due to several reasons, accurate statistics on the occurrence of sexual rape crimes are not available to the policy makers of criminal law.Culture and its official manifestation, the law, in many ways force women victims of rape to remain silent.From a cultural perspective, the silence of women victims of sexual assault is the result of several factors; Among other things, depending on the age range and his understanding of the concept of sexual assault, the victim may "find the related events hurtful and not important enough" or "do not want the family and other people to know about the case". In addition to these cases, in our culture, under the influence of existing gender stereotypes, "shame of the stigma of corruption from society", "fear of being fingered" and "society's contemptuous look at women victims of sexual violence" have also resulted in a sharp decrease in cases. Crime reports play a major role.On the other hand, the combination of Iranian culture's understanding of women and the various flaws in the laws of sexual assault makes it difficult to report the crime to the police. A woman who takes a criminal action against the perpetrator by crossing the cultural barriers of breaking the silence, faces other difficulties on the way to the trial that can discourage her from continuing. A lot of mental obstacles facing victimized women such as "lack of evidence to prove", "fear of revenge by the aggressor" or "fear of hostile encounters from the police and male judicial authorities" and finally "false prejudice against the victim and criminal response against him". and the like are surrounded, which will prevent them from reporting the incident.In the upcoming research, which has been carried out using an analytical method, the mentioned cultural and legal factors have been discussed in detail and suggestions have been made to remove these obstacles.

In the course of criminal proceedings, both in the private and public realms of the offense, the individual facing charges assumes a pivotal role as the accused. It is imperative to not only acknowledge their culpability for violating the law but also uphold their rights to a fair defense. To uncover the truth, safeguard lost rights, and establish acquittal or delinquency, it is crucial for the accused to appear before the judicial authority. Among the primary concerns pertaining to defense rights, as outlined in Article 5 of the Criminal Procedure Law ratified in 2012, is the examination of the accused's statements and justifications. Failure to reach the accused following the commission of the crime will result in procedural loopholes, impeding a fair trial and complicating the pursuit of truth due to hesitancy in disclosing information. This may potentially lead to prolonged hearings, as highlighted in the judicial reform document's list of challenges, and result in the violation of the victim's rights, deprivation of the accused's rights, and the negation of the application of legal institutions and the principles of restorative justice. Fear or intimidation regarding the trial process, limited awareness of defense rights, doubts regarding the impartiality of judges, additional detentions, and arbitrary conduct by law enforcement officers during arrest and surveillance are among the significant factors contributing to the difficulty in accessing the accused. This article has been meticulously crafted using the descriptive analytical approach, incorporating an examination of pertinent legal sources, specialized publications, and criminal legislation of Iran. The primary objective is to delve into the existing legal void and explore the underlying factors contributing to the absence of the accused during investigations and legal proceedings. Moreover, this study endeavors to propose practical solutions for effective implementation.

The legal system of any country should establish a comprehensive criminal policy in alignment with the rapid developments in the methods of committing corporate crimes. An essential aspect of this criminal policy, in addition to developing effective measures to combat these crimes, is how to protect their victims. Due to challenges such as the lack of recognition of consumer victimization in the criminal justice system, the absence of coherent laws appropriates to the activities of companies, the difficulty of consumers in proving these crimes due to an imbalance of power, and the judicial system’s reliance on traditional and ineffective evidence, providing a fair trial in such cases is challenging. The findings of the research indicate that the protection of consumers requires solving the existing challenges in all three areas of legislative, judicial, and executive. Therefore, this study is applied and adopts a descriptive-analytical approach. By conducting in-depth interviews and reviewing various documents, it provides solutions such as reliance on experience-based laws, aligning criminal responses with the needs of victims, and recognizing consumer victimization to overcome these barriers.

Studies related to victimology cover a wide and diverse range of topics and issues, including the role of the victim in the process of developing the criminal phenomenon, examining the types of support needed, judicial justice, and restorative justice. One of the most important pillars of these studies is determining the position of the victim. Among the issues that have received less attention in victimology is the possibility of victimization of the offender in the stages of criminal proceedings resulting from crimes against judicial justice, and this can be examined in Iranian criminal laws, not in a coherent and specific manner, but rather in a scattered manner and in different articles. On the other hand, many countries have specifically addressed these crimes in an independent section in their criminal laws. The United Arab Emirates is one of these countries, which has included this issue in the chapter "Crimes that interfere with the course of justice" of the UAE Penal Code. In the present article, which was conducted using a descriptive-analytical method and using library resources, with the aim of identifying, explaining, and explaining the victimization of criminals resulting from crimes against judicial justice in the criminal laws of Iran and the United Arab Emirates, various articles of the Islamic Penal Code of Iran and the UAE have recognized them as crimes against judicial justice, and among these, victimization and victimization of criminals are considered among the characteristics of these crimes.

Despite the growth of sexual crimes against children and teenagers, it has resulted in the least amount of disclosure and judicial prosecution. In this regard, restorative justice can provide accountability and compensation without weakening the impact of punishment as an alternative to dealing with sexual crimes; Enables victims to communicate with offenders (usually with judicial supervision). Despite the effectiveness of restorative justice programs in reducing sexual crimes, which aims to rehabilitate juvenile offenders or criminals who have committed crimes for the first time, children and adolescents who have been sexually abused are outside the scope of this system, as a result of the non-fulfillment of the promise of restorative justice to support victims and implement justice. . With regard to the issue of restorative justice in Iran's legal and judicial system, this research, which is qualitative in terms of descriptive-analytical method, deals with two main issues: first, identifying and stating standards of restorative justice in order to provide maximum help and support to sexually abused children and adolescents with a view on The experience of implementing restorative justice programs in other countries and the model presented by Gal, and secondly, the challenges facing Iran's legal system in order to make restorative justice operational. In the current conditions of Iran's legal system, the result of the research shows that "the use of trained restorative justice activists and benefiting from the capabilities of non-governmental organizations" provides the recovery and treatment of sexual victims under the age of 18.

In customary criminal law, except for a few cases, there was no mention of Haqullahi and Haqlanasi crimes, but it was mentioned many times about forgivable and unforgivable crimes. Forgivable and non-forgivable crimes have a decisive effect in terms of the amount of intervention suffered by the victim and its effect on the initiation, continuation and appeal of criminal proceedings; But in jurisprudence texts, without mention of forgivable and unforgivable crimes, the general effects of these crimes have been specified by using the terms Haqullahi and Haqlanasi crimes. The current research with a comparative view and by adopting descriptive analytical method and the use of library tools, tries to answer the basic question that to what extent can forgivable and unforgivable crimes be compatible with the terms Haqullah and Haqul-Nas in terms of examples and related works? Despite the differences between these two categories of terms in terms of scope and consequential effects, both of them have been established and used with the intention of achieving similar goals, since according to the constitution, the main source of rulings and regulations of our country must necessarily come from Islamic jurisprudence. (Imamiyyah) and despite the fact that the terms Haqullah and Haqul-Naas were available in Islamic jurisprudence and Imamiyyah and could use them, but the ordinary legislator based on other legal systems and similar to the same method used to classify crimes in general criminal laws before the revolution It was possible to use transitive and non-transitory concepts.

Acid attack is among the crimes for which Qisas is the primary punishment, whether it pertains to the soul, body, or benefit. The necessity of observing the principle of similarity in the implementation of Qisas, juxtaposed with the infeasibility of retribution in instances where there is a risk of excessive harm, has led to significant doubts regarding the applicability of retribution for this crime. Addressing this behavior, which inflicts irreparable physical and psychological harm on the victim, requires the adoption of a prudent and comprehensive criminal policy that emphasizes the severity of punishment and the protection of the victim. In this context, uncertainties surrounding the feasibility of retribution undermine the deterrent objective of this crime.This research analyzes both the material and mental elements of this crime and examines Iran's criminal policy in light of "the Law on Increasing the Punishment of Acid Attacks and Protecting the Victims Thereof" from the perspective of criminal law principles and jurisprudential standards, including the condition of similarity in retribution. Despite the new law's innovations compared to the previous legislation, which align it more closely with Islamic jurisprudence, ambiguities persist regarding the physical behaviors encompassed by this law. There is uncertainty in determining the punishment for the crime of acid attack and the nature of forgiveness by the next of kin or the victim concerning the Ta'zir punishment for this crime. Furthermore, there is uncertainty regarding the enforceability of retribution for limbs or benefits based on the condition of similarity. It is imperative for the legislature to address these deficiencies.

"Victimology" as a positive approach in supporting the victims is one of the prominent features of criminal doctrines regarding the position of the victim in criminal justice. This new approach not only examines the rights and protection of victims in a victim-oriented system, but also by passing through the transformation of ideas, it has become a classical approach and then a sociological approach; So, if criminal law does not pay attention to the needs of victims, this system cannot achieve its truth, which is the necessary efficiency in fighting criminals and controlling crime. In some crimes such as "murder" and "rape", "crime analysis" is considered one of the important approaches of criminal policy; In this approach, an important model should be set in the judicial dimension in supporting the victims of murder and rape. In this research, judicial criminology will be examined in the two legal systems of Iran and the United States; The question is, what is the position of criminal justice in the crimes of murder and rape in Iranian and American laws. We will see that in both systems, despite the differences in the legal policies for the protection of victims, victimology is one of the most fundamental criminal rights of victims in the criminal justice system. Therefore, the right to compensation for the effects of victimization and respect for the victim's human dignity are considered to be the theoretical foundations of the multiple model of victim protection.

Supporting the victim and compensating for the damages caused to him is one of the important issues of criminal law, which has become increasingly important and has an impact on the realization of criminal justice. Based on this, the purpose of this article is to examine the question of what is the service delivery and compensation of victims from government channels and special institutions? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that providing services and compensating for the victim's losses, at first glance, only appears in the concept of financial payments, while the dimensions of compensation go beyond mere financial payments. In Iranian law, there is no clear legal rule regarding compensation from the government or other institutions. On the other hand, after the crime, the victim should not be left alone because it will cause many harms to him and the society. In Iran, the cases of compensation for damages and providing services to the victim are limited to unknown conditions, such as the victim's innocence or non-injury, or the compensation of damages by the sane or only in the case of murder, and there is a vague mechanism regarding these conditions that the legal form It is not specific. The brief provisions in Iran's laws are mostly supportive and rarely have the color of compensation and providing services in a way that reduces the suffering of the victims.

Sexual crimes are one of the most important crimes for the security of individuals, and the legal systems of different countries have taken a different approach to such crimes. The purpose of this article is to examine the position of the principle of harm and harm in the criminalization of sexual crimes in Iranian jurisprudence and criminal law and European law. This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that the implementation of Sharia laws and the observance of justice and the establishment of order are among the most important bases of criminalization in sexual crimes in Iranian jurisprudence and criminal law. In the meantime, of course, the principle of harm, since it harms the safety of the society or causes harm to the victims of sexual crimes, the criminalization of sexual crimes is effective. In countries like England, which plays an important role in European law, the principle of harm is much more important. Harm is an important principle in the criminalization of sexual crimes, both in terms of the damage suffered by the victim and the negative impact it has on the order of the society and ignoring the rights of individual and social freedom. The basis for determining loss in England and in European law countries is the principle of consent, and criminalization based on loss is only done in cases that were not done with consent. This is despite the fact that there is no basis for consent in Iranian jurisprudence and criminal law, and ignoring Sharia rulings and discussing damage to society's health is enough to criminalize it.

The victim is an element whose rights have been violated by committing a crime. Although it seems obvious that the perpetrator of the suffering of crime is the most important element of the criminal justice process, this notion has not always been realized not only in domestic law but also in international criminal law. Despite the neglect of the victim in the documents of the old specialized international criminal courts in the new generation of these courts and especially in the law and procedure of the International Criminal Court, the victim has enjoyed an important position in the preliminary investigation, trial and execution, but the challenges and shortcomings There are some in this regard. Deficiencies that must be judged in terms of important developments in favor of the victims. But one cannot ignore the fact that the Court has greatly curtailed the historic opportunity to grant criminal justice to individuals in the international community against perpetrators of international crimes.

Pilgrims visiting religious sites for the purpose of performing religious duties, rituals, and ceremonies must be accorded special dignity and respect. Both the sending and host states, in accordance with international treaties, customs, and agreements, are committed to providing and implementing the necessary and appropriate measures concerning these pilgrims. In the international system, states bear responsibility not only for their own actions but also for the actions of their nationals toward victims or the victims' home country. According to international law regulations, while a state does not bear criminal responsibility, the criminal responsibility of state leaders, particularly in the case of the commission of international crimes, is conceivable. It should be noted that each state is responsible for the actions of its governmental apparatus, i.e., executive, judicial, and legislative bodies, that are contrary to international law. If, due to an act or omission by these bodies, damage or harm is inflicted on foreigners or pilgrims, this results in the state's international responsibility.

This article explores the investigation and analysis of the terminology related to the concept of "victim" in the "Bill of Penalties," which is intended to be approved as one of the books of Islamic Criminal Law. The term "victim" refers to the identification of the concept of "victim of the crime" as a key term in the criminal sciences, which finds its place within a legal document (such as a law, and in this context, a bill). At this level, the drafters of the bill have opted to use the scientific-technical term "victim" instead of vocabulary such as "accused," "injured," or "victim of the crime," and "complainant" or "private prosecutor," which have diverse and varying interpretations from the fields of jurisprudence, law, and procedural law. This term can reflect the criminological and victimological concepts with their theoretical foundations within the legal text. The article concludes that the bill's text, in this regard, is yet to be formally recognized as uniform among legal scholars who regard the concept of "observed" as one of the players in the criminal justice system within its content.

Working children are vulnerable groups who are more exposed to violence than other children and therefore need supportive criminology. The purpose of this article is to examine this important question, what are the criminal legal protection mechanisms of Iran and international documents in the protection of child abusers in the light of protective criminology? This is a theoretical article and it has investigated the mentioned question using a descriptive analytical method and in the form of a library. The findings indicate that the Criminal Procedure Law of 2012 has provided significant rights for the victims in the stage of crime discovery and preliminary investigation, but at this stage, no special differential protection has been provided for the children and teenagers who have been the victims and the legislator has generally protected the victims (adults) - has supported children. Special legal protections for children are not provided in Iran's criminal laws during the trial and sentencing stage. In this context, there is a big vacuum. Due to their special situation and vulnerability, children may be exposed to psychological and emotional injuries as a result of being in court and during cross-examination and confronting the accused, as well as recalling past memories, so special methods should be used to prevent them as much as possible, considered their direct contact with the judicial system. Using the method of recording the statements of abused children or closed cameras is very helpful in this field.

Victimization of children and adolescents is one of the problems of today's world, and the physical and mental conditions of children, their vulnerability and the multitude of cases of child abuse justify the existence of a special judicial system for this group. Until a few decades ago, there were few guidelines in international documents regarding the differential proceedings of delinquent children, and the focus was on delinquency of children, but in the last two decades, under the influence of criminological perspectives and the efforts of civil institutions, this matter has been the focus of legal circles and documents. Despite the approval of the Child and Adolescent Protection Law in 1381 and the Criminal Procedure Law in 1392, Iranian law has not included this issue in the legislative field and has not taken into account the characteristics of differential proceedings. This article has been written in a descriptive-analytical method with the aim of examining the main components of differential proceedings of child victims in the pre-trial stage in Iranian law. In this regard, while explaining the characteristics of the subject, the current situation is examined and the desired situation is explained by looking at international documents. According to the research findings, despite the efforts of the legislator in the Law on the Protection of Children and Adolescents approved in 1399, shortcomings in this area are still observed.

In the institution of criminal justice, the focus is on the offense and the offender and the main victim is the government in charge of the investigation process and directs it to his advantage; Here the victim is marginalized. Economic costs, increasing the criminal population, especially the prison population, increasing the crime rate, are among the many problems that have plagued the criminal justice system. Turning to the institution of restorative justice, which believes in achieving reconciliation and the administration of justice through the privatization of the judicial process, can be a solution, here the victim is brought to the fore. During its legislative history, the legislature has shown its tendency towards this transition and the “Law on the Reduction of Imprisonment, approved in 2013” has been approved in order to eliminate the problems and difficulties arising from the criminal justice system. This article is in order to evaluate the measures provided for the parties to the crime in this law. Using a descriptive-analytical method, this study, examines the case law and ponders on the position of the victim and the offender, then tries to compliance with human rights standards and its impact on the legal security of citizens. This article concludes that although, apparently, the enacted law has taken positive steps to protect the rights of the victim and the offender, this has not been the case in secret and another goal has been considered, the result of which is to jeopardize their legal and judicial security.

The role of the victim in committing crimes is one of the important topics that is discussed and investigated under the title of scientific victimology. In this article, an attempt has been made to investigate the question that from the point of view of jurisprudence and law and in the light of scientific victimology, how can the role of the victim in adultery with seduction and deception be analyzed. This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that the role of scientific victimology in Iranian jurisprudence and criminal law is very limited, and in “Hadd” crimes, the victim cannot be given a role. Regarding the role of the victim in adultery accompanied by seduction and deception, the discussion of seduction and deception is basically considered if it is effective in achieving satisfaction and is not discussed as an independent factor. In fact, to examine the role of the victim in adultery with seduction and deception, one should focus on the element of consent. If sexual intercourse took place without consent, it is considered rape and the perpetrator is sentenced to death, and the victimized woman is not criminally responsible. Proving adultery by force in a situation where adultery was accompanied by seduction and deception is the responsibility of the victim and it is simply not possible because the punishment is very heavy for the offender, especially since there may be previous acquaintance and there are signs of consent in the seduction and there is deception. Sex in a situation without coercion is considered adultery and in such crimes there is no victim and the victim is also a criminal.

Criminal mediation is one of the innovations of Iran's criminal policy in the field of criminal proceedings, which is based on the idea of restorative justice. This institution was accepted by the Iranian legislator for the first time in Article 82 of the Criminal Procedure Law of 1392 under the criminological teachings of protective victimology. Victimization, compensation for damages and losses, decriminalization and an alternative to the legal system of prosecution are among the reasons for the tendency to use the institution of criminal mediation. The purpose of this article is to describe the methods of mediation in criminal matters and the criticisms of it. This research shows that there are different methods of criminal mediation, which leads to more use of mediation in the criminal process. With a comparative look at the Indonesian judicial system and a descriptive-analytical method based on library studies, the conclusion was reached that among the various methods of this institution, criminal mediation accepted in criminal policy, the type of community mediation along with judicial supervision with an emphasis on The facilitator's role is a mediator, which can be used directly in some cases and indirectly in other cases. Suspension of crimes and agreement between the parties of the case is one of the most important conditions for using this institution in Iran's judicial system. In this regard, to expand and develop the use of this institution, the regulation of mediation in criminal matters was approved by the Board of Ministers on 7/28/2015. With a comparative approach between Iran and Indonesia, it seems like this; Although the approval and acceptance of criminal mediation is a good and desirable thing, but this has not been done properly and the legal requirements, including the certainty and certainty of the decisions taken, are questionable, and even the failure to reach an agreement and refer the parties to the judicial authority in some way It is considered the cause of delaying the proceedings and violating the victim's right. This requires that by clearly explaining the crimes subject to criminal mediation and adopting the rule of "pardonability of crimes" as a criterion for crimes subject to mediation in order to make wider use of the said institution and predict criminal mediation at the stage of execution of the sentence and specify the jurisdiction of the execution judge. Rulings to refer the matter to mediation and explain and describe the responsibility of the mediator in terms of criminal, civil and disciplinary liability in order to raise the position of the mediation institution as a friendly institution in lawsuits and in order to facilitate and speed up the process of justice, the necessary regulations and laws of the current issue be corrected.

The complexity of corporate crimes in the field of consumption, the extent of their victims, and the ineffectiveness of traditional punishments have made it difficult to deal with these crimes. Dealing with corporate crimes outside the criminal justice system and restoring the processes, in addition to supporting the victims, can prevent damage to the reputation and credibility of companies. This research wants to investigate the possibility of using restorative methods in dealing with corporate crime in a descriptive-analytical way and concerning library sources. The findings of the research indicate that regarding corporate crimes, it is possible to apply restorative mechanisms through the use of a horizontal approach along with a vertical approach and strengthening the responses according to the needs of the victims. To overcome the challenges of the classical restorative methods, it is necessary to use new effects, such as the use of mediation structures and the online dispute resolution system.

The victim of crime plays an important and essential role in criminal prosecution. In forgivable crimes, criminal prosecution will not be possible without his will and in such crimes, the victim can play an important and active role in criminal prosecution. In the present research, "Participation of the victim in the judicial process: basics, challenges and solutions" the following results were obtained with the descriptive and analytical method. Victim participation faces two types of challenges in criminal prosecution. Personal challenges related to the victim himself and in between, victimized fear, shame of the victim, family and friendship considerations, the victim's lack of awareness and the victim's inability are among the most important reasons for the victim's non-participation in prosecution. Structural challenges related to the structure of the criminal justice system, including the lack of proper communication between the victim and the authorities and mediation of officers and employees and judicial service offices, the authority of the prosecuting authority, secrecy and non-arbitrary nature of some of the proceedings and prolongation of the prosecution are among the most important structural challenges. Iran's criminal justice system in the field of structural challenges has tried to increase the victim's participation in criminal proceedings, but regarding the personal challenges related to the victim, this system doesn’t enjoy a desirable situation.  Eliminating the grounds of fear and shame in the victim, allowing the victim not to be pursued, helping to preserve the identity of the victim, the removal of intermediaries between the victim and the criminal justice authorities, and the improvement of the legal knowledge of officers and employees can contribute to most of the victims involved in the criminal proceedings.