فصلنامه مطالعات بین المللی پلیس
پیاپی 49 (بهار 1401)

Most countries have specific policies in the detection of organized crime that legislative criminal policy is part of these policies. Performs his / her intrinsic and legal duties. Although his / her duties towards obvious and invisible crimes are different and he / she must perform his / her duties in accordance with the judicial authority and according to his / her instructions and instructions, but there are obstacles and opportunities in this regard. Police law enforcement in detecting crime and identifying legislative challenges in detecting organized crime.

The present study is qualitative and in terms of implementation method, descriptive-analytical. Data related to the cholera method has been collected and analyzed by careful analysis of existing laws and regulations, documents, articles, books and other relevant documents, and by examining the theories of expert jurists and criminologists.

The findings of the study show that criminal policy in the field of organized crime detection, laws, regulations and bylaws have serious ambiguities and this has made the police unable to fulfill their responsibilities in various areas, including important and organized crime and other crimes. Others, like petty crimes such as drug dealers, do the right thing, and this has seriously damaged the social capital of the police.

Despite the decades of introduction of the concept of organized crime, no international-regional document has yet reached a clear and complete definition of these crimes. This type of crime with a variety of manifestations, complexity in the methods of perpetration and increasing expansion, consequences and harmful effects from political, security, economic and cultural aspects to countries and societies impose serious challenges at the national and international levels. Created. The special nature and leisure of time and place in committing organized crime; And the various dimensions of this phenomenon, the effective struggle and confrontation with it has faced challenges. In this study, an attempt has been made to systematically and historically examine the concepts of organized crime, to identify a specific concept of these crimes and to plan appropriate strategies to deal with them.

The present study is based on a descriptive-analytical method and based on documents and library sources, and in this regard, by studying international documents and domestic laws, with a practical purpose, the obtained information is analyzed. Is.

The results of the research show that after identifying and understanding the concept of organized crime - which is necessary to deal with any emerging phenomenon - to avoid going astray in the face of organized crime, we must pay attention to the dimensions This phenomenon includes "organizing illegal activities", "organizing criminal structures" and "organizing the social sphere (illegal governance)"; Preventive and repressive measures should be planned in accordance with each of these aspects.

Deprivation of liberty is one of the most severe punishments in the world's criminal systems. Criminological and criminological ideas in the form of punishmentism and utilitarianism have always challenged the penal systems in applying this punishment. The lack of a coherent criminal policy and the adoption of contradictory positions towards incarceration and de-incarceration in Iran require that by studying the comparative criminal policy of an advanced legal system like England and identifying the criteria and measures of punishment in it, we should find out what are the effective components of Iran's legislative criminal policy in incarceration and de-incarceration? What changes have been made in this policy according to the law of 2012 as well as the law on reducing penal imprisonment in 2019? 

The research method in this article is a qualitative content analysis with a directional approach, which tries to emphasize the necessity of adopting a clear and codified legal criminal policy in the application of imprisonment by identifying the strengths and weaknesses of the recent actions of the legislator.

In the Iranian penal system, there is basically no coherent penal policy, especially in the case of deprivation of liberty, although the legislator has periodically reduced the term of imprisonment and encouraged the use of quasi-criminal responses and fraternal institutions, but the last determination of the legislator in line with De-incarceration in the form of the Law on Reduction of Imprisonment due to the adoption of a contradictory criminal policy in the field of sentencing and punishment of similar crimes, the lack of rules to measure the severity of crimes, the lack of macro decision-making in criminal policy, the superiority of the paradigm of punitiveness over utilitarianism in the thinking and behavior of legislators and judges, and the lack The necessary infrastructure for the correct implementation of imprisonment and its alternatives, while not reducing the prison population, has also failed in the implementation of macro policies of de-incarceration.

Today, the ominous phenomenon of drugs has destructive and catastrophic consequences in the behavior and actions of governments in various security, economic, social, cultural and political dimensions, and in this regard, leads to international sensitivity. In this regard, in addition to countries, international organizations also seek to confront and seriously fight against this subversive disaster by creating convergence at various levels.

This research is applied in terms of purpose and descriptive-analytical in terms of method. For data collection, the tool of taking notes from books, articles, etc. is used and the UN conventions and treaties are also referred to as a process.

The present study is based on the hypothesis of "the United Nations as the highest authority for peace and security in the world by pursuing the demands of federalism and regionalism and the ratification of conventions and international laws and regulations related to drugs and its accompanying Regional and international organizations (International Narcotics Control Board, UN Narcotics Commission, World Health Organization, World Customs Organization, Counter Narcotics and Crime Office) through integrated border control, strengthening information-based research capacity and "Operations, control of internal routes of drug trafficking and treatment of addicts are aimed at converging and synergizing to address and eradicate this global problem."This article seeks to answer the question, "What is the role of the United Nations in bringing countries together to create lasting security?"

European Convention on Human Rights with components such as "democratic values", "national security", "public order", "economic welfare", "prevention of chaos", "protection of public health", " Protects public morality, territorial integrity, the protection of the dignity of the individual, and the prevention of the disclosure of confidential information, as well as the guarantee of the authority and impartiality of the judiciary; Restrictions or violations of some of these rights and freedoms set forth in the Convention shall be guaranteed only if they are deemed necessary by law and in order to achieve the said components in a democratic society.

The present study was conducted by descriptive and analytical methods.

This study seeks to use these instances of collective interests, not directly in the form of the objectives of restricting rights, but directly within the framework and in terms of criteria and indicators for restricting those rights. With a pragmatic approach by the authorities and in a specific region - Europe - to study scientifically and legally, so, on the one hand, to study and review the rulings and decisions of the European Court of Human Rights to review the procedure of that court regarding The criteria for restricting the rights and freedoms enshrined in the European Convention on Human Rights, on the other hand, seeks to examine not only the scope and application of such criteria, but also to explain the role and impact of each of those criteria in Pay special attention to the guarantee or violation of human rights and freedoms.

Dispute resolution through arbitration has long been accepted as one of the methods of dispute resolution. The advancement of science and human access to technology has led to the issue of arbitration through the Internet with the intervention of electronic tools. Online arbitration is one of the methods of resolving disputes that allows the arbitrator to express his opinion on the subject of arbitration from anywhere in the world. International arbitration is fast in low cost arbitration. Arbitration for the peaceful settlement of disputes and, most importantly, the possibility of better and faster enforcement of arbitral awards and other reasons have led to the majority of international commercial litigation today through international arbitration.

The research method is descriptive-analytical, which has been collected through the library method.

The research findings indicate that online arbitration is a new method of dispute resolution. Traditional arbitration rules are still applied to it, however, this type of arbitration is not completely reliable. And to solve this problem, domestic laws need to be interpreted broadly with international conventions. Also, parties to disputes and arbitrators in online arbitration should always consider the legality of the arbitration agreement, the procedure of arbitration, the place of arbitration and the form of the votes.

The process of globalization implies the globalization of responsibilities. The necessity of globalization of crime will also lead to the acceptance of global or international criminal responsibility of the perpetrators. Governments, as one of the actors of international law, are not exempted from this, and the issue of their criminal responsibility is associated with many complications due to the relationship and sensitivity of rulers to their principles of governance.

The current research is descriptive-analytical in terms of practical purpose, in terms of implementation method, and information collection has been done through document review and data collection, using library resources and available research documents.

Although with the removal of Article 19 of the international responsibility draft of the government, approved by the International Law Commission, as the most important source of the international criminal responsibility of the government, the suspicion of the absence of the government's criminal responsibility arose, but it must be emphasized that its removal The necessity of the existence of this institution has not created a problem and the existence of many international documents and procedures show this issue.

In fact, many behaviors that violate the general rules accepted by the international community can only be done through governments, and the acceptance of civil liability for governments for violating these general and important rules is in line with justice and the important principles of law. The international community has not been like the principle of the need to maintain order and peace of the world community, and it has caused some states to exploit and abuse this vacuum, so it is necessary to realize the criminal responsibility of the states

The formation and operation of the International Criminal Police Organization (Interpol) is one of the most prominent steps of the international community in the early twentieth century in the coordinated and comprehensive fight against international organized crime, including drug trafficking and transit, especially countering. There have been cartels, organized groups, and criminal and mafia gangs in this area. The purpose of this article is to identify, explain and analyze the legal gaps, challenges and barriers regarding the role and position of Interpol in preventing and combating the action of international drug distribution networks and cartels in the field of trafficking and transit in Asia and present Comprehensive solutions and obstacles to resolve ambiguities.

The present study is applied in terms of purpose and descriptive-analytical in terms of method. The method of data collection is a combination of library-documentary studies.

 The findings of the present research indicate that On the other hand, by creating an advanced communication network between the General Secretariat and the member countries and creating suitable grounds in a wide range, Interpol can provide information, documents and their rapid and accurate exchange using its extensive and advanced capacities and facilities. In order to prevent and also to extradite the perpetrators of the mentioned crimes, to play an important role.

One of the pillars of criminal investigation is testimony, which helps to discover the truth and issue a just verdict. However, paying too much attention to the probative value of the content of testimony has made lawyers neglect one of the most important pillars of testimony, which is to protect the security of the witness in the trial process. Therefore, in this research, we are dealing with the issue of what mechanisms are foreseen in the criminal system of Iran and also in the International Criminal Court for the protection of witnesses?

In terms of purpose, this research is practical and in terms of information gathering, it was done in a documentary way and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical way.

In different legal systems, the issue of witness protection has been taken into consideration. Based on this, the minimal witness protection programs can be implemented for all witnesses at risk of threats to their life, physical and financial security. One of the solutions offered to protect witnesses in Iran’s legal system is not to confront the witness with the accused. Another solution in this field is hearing testimony through remote communication devices. This is possible thanks to the development of technology and electronic litigation. Also, maintaining the rights and safety of witnesses in the International Criminal Court takes place in three forms: protection-security, protection-psychological programs and programs to keep the identity of witnesses hidden.