فهرست مطالب

نشریه کارآگاه
پیاپی 60 (پاییز 1401)

تاریخ انتشار: 1401/07/09
تعداد عناوین: 10

فارسی
English

انتخاب همه

Money laundering in the context of cryptocurrencies(Characteristics of currency cryptocurrency risk and offering countermeasures)

abbas mansourabadi, hadi keramati moez, majid bahari Ghazani Pages 1-22

Background and Aim

Crimes committed in the context of currency cryptocurrency are committed on a large scale, but money laundering is doubly important because of its association with other crimes and because it is primarily organized. Criminals use various methods to hide the illegal origin of their funds, but one of the easiest ways is to trade this dirty money under the code of currencies. Undoubtedly, due to some possible abuses, these new technologies can not be completely abandoned and its positive aspects could not be benefited.

Method

The present study is applied in terms of purpose; In terms of data collection, it has been analyzed by documentary method and in terms of method, descriptive and analytical.

Findings and Results

The research findings indicate that although risk-taking characteristics such as decentralized currency cryptography system, anonymity and anonymity of currency cryptocurrencies and digital wallets are effective in committing money laundering in the context of currency cryptocurrencies, but can be The use of effective regulatory and regulatory capabilities in cryptocurrency service providers has overcome these barriers. On the other hand, considering the cryptocurrency characteristics, criminal law intervention in this field is not justifiable and criminal law intervention should be chosen as a last resort, because resorting to criminal law is necessary when there is no other option that does not have an intrusive and abusive description. Is not available.

Keywords: Money laundering, currency encryption, regulation, system decentralization, digital wallet

Abstract View Paper Research/Original Article Original: Persian
An Introduction to Differential Criminal Policy in Property Crimes: Based on Strategies for the Legal Element of Crime

amir ahmadi Pages 23-46

Background

There are different cases of crimes against property and ownership. In Iranian law, the titles of these crimes are clear and the legislature has prescribed punishments for them. In the case of emerging and virtual crimes against property, the legislature has not criminalized substantive criminal policy in proportion to the reduction of crimes in the law. The purpose of this study is to explain the basis of criminal policy in crimes against property and to present the types of substantive differential criminal policy.

Method

In this research, the concept and theoretical basis of substantive criminal policy based on the legal element of crimes against property is discussed and the presentation of a model based on a distinct criminal policy will be considered.

Finding

Differential criminal policy in cybercrime based on the constituent elements of crime in the prevention of cybercrime can greatly prevent.

Results

The research method is descriptive and analytical and by collecting materials in the form of a library and expressing differential substantive criminal policy. Based on the proposed principles and reviewing the Iranian criminal law on new crimes against property and ownership, it can be concluded that cases of crimes against property and ownership in the context of differential criminalization or aggravation of punishment of offenders whose victim has lost property in public crimes Also, in the cases of computer crimes against property, criminal and criminal policy, no proper differentiation has been made. This study, considering the constituent elements of crime, seeks to provide differential patterns and solutions.

Keywords: Differential Penal Policy, Penal Code, Criminology, Crimes against Property

Abstract View Paper Research/Original Article Original: Persian
Criminal response to complex computer forgeries in the Iranian penal system

mehdi kazemi, Seyed mahmoud mirkhalili, mohamadebrahim shams nateri Pages 47-65

Sophisticated computer forgeries are one of the virtual technologies that the software used in this technology allows to make all kinds of manipulated and unrealistic videos, images and sounds. The prevalence of such films has created the challenge of disseminating unrealistic information. In such circumstances, the question arises as to what policy the Iranian penal system has adopted towards the Deep Fics. This research is of applied type and descriptive-analytical research method. This study concludes that due to the novelty of this technology in the laws related to cybercrime, this phenomenon has not been specifically addressed. However, Iranian law covers various forms of computer forgery, but there is no proper distinction between types of Deep Fake according to their content and purpose. At the same time, related measures such as their dissemination and promotion have not been systematically criminalized.Sophisticated computer forgeries are one of the virtual technologies that the software used in this technology allows to make all kinds of manipulated and unrealistic videos, images and sounds. The prevalence of such films has created the challenge of disseminating unrealistic information. In such circumstances, the question arises as to what policy the Iranian penal system has adopted towards the Deep Fics. This research is of applied type and descriptive-analytical research method. This study concludes that due to the novelty of this technology in the laws related to cybercrime,

Keywords: Deep Fick, Cybercrime Law, Criminal Law, Criminal Response

Abstract View Paper Research/Original Article Original: Persian
Detective accounting theory

touraj bahrami, Saeed Jabbarzadeh Kangar Louie, jamal bahri sales, Mohsen Haghvardi Zadeh Pages 67-92

Background and Aim

The increase in white-collar crime and corruption has made it necessary to equip auditors, accountants and detectives with judicial skills, especially in recent years. Therefore, in the meantime, the only thing that can be vaccinated against business unit fraud, which may be through theft of organizational resources or through distortion of financial statements, is detective accounting. Detective accounting is a branch of accounting that deals with the desired capabilities to prevent, detect and detect fraud, its tools and methods. The purpose of this study is to explain the dimensions of detective (judicial) accounting theory and describe why and how to choose methods and techniques and the results of applying these methods or techniques.

Methodology

The method used in this article is applied in nature and is descriptive-analytical. The choice of methods and techniques depends on accounting and non-accounting decisions, which are reviewed by an accountant or forensic expert.

Findings and Results

The detective accounting theory presented in this article will be useful for both groups, practical activists in the field of fraud detection and detection, as well as academics interested in this field. In addition, the scientific contribution of this theory in forensic science and accounting theory will be effective in the process of solving problems related to the fight against financial and economic crimes. Detective accounting theory presents five rules that interpret and justify accounting and non-accounting decisions made by forensic experts. These rules are the rule of effectiveness, the rule of ability, the rule of

Keywords: Detective accounting, fraud, accounting

Abstract View Paper Research/Original Article Original: Persian
Civil liability based on police fault

alireza shamshiri Pages 167-183

On 4/26/1396 (AH) a child named Benita was abducted during a robbery. Efforts to find the child continued unabated, and the eight-month-old was unable to protect himself until Cook's lifeless body was found inside a stolen car in Tehran's Pakdasht district. The perpetrators of this crime were arrested within a short period of time, and eventually this issue caused a great deal of media coverage. Some jurists considered Benita's murder to be intentional and some to have suspected it, and there were many discussions and interpretations among jurists on this issue. The present article, by examining the issues and analyzing it (descriptive-analytical), concludes that the lack of attention to the issue of correction and rehabilitation and the dangerous condition of prisoners, as well as the lack of scientific approach to criminal neutralization of prisoners after release, can cause this category. Crimes and the type of murder; According to the statements and confessions of the defendants; Irrespective of the media coverage of the crime and its impact on the judges' decision, the belief is that the crime was intentional (paragraph A of Article 291 of the Penal Code).

Keywords: Civil liability, police, law enforcement officers, fault

Abstract View Paper Research/Original Article Original: Persian
Analyzing the relationship between time and criminal sentences

mohamad afshari, mohamad sadeq elmi, hosein naseri moqadam Pages 185-201

Context and purpose

Penal sentences, like other sentences, are subject to certain conditions and terms. One of the constraints that is sometimes legislated as a reason or condition for penal sentences is the constraint of "time". This article seeks to answer the question of whether the execution of the criminal sentences has a relationship with an element called "time" or not? And if there is a "ratio", what are the pros and cons of this ratio?

Method

The present research was carried out using a descriptive and analytical method.

Findings and results

The findings and results obtained are that the element of time has an effective relationship with criminal sentences. This relationship can be seen in the three stages of committing a crime, the stage of investigating the crime, and the stage of punishment and execution of the sentence, and in each of these stages, it causes change, cancellation, mitigation, aggravation, delay, etc. in criminal sentences. In the execution phase of the punishment, the urgency of time and no delay in the execution of the punishment have been emphasized as an important principle in the holy law of Islam, unless the execution of the sentence leads to corruption and there is a valid reason for the delay in the execution. The time factor is also important in the execution of some limited punishments, and compliance with it is required by Sharia,

Keywords: Proportion, time, criminal sentences, limits, aggravation, mitigation of punishment

Abstract View Paper Research/Original Article Original: Persian

علمی مصوب

نشریه کارآگاه

Karagah

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 1735-272X

صاحب امتیاز:

پلیس آگاهی ناجا

مدیر مسئول:

محمد قنبری

سردبیر:

دکتر عبدالله هندیانی

تلفن نشریه: ۰۲۱-۷۳۰۴۶۰۲۸

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فهرست مطالب

نشریه کارآگاه پیاپی 60 (پاییز 1401)

نشریه کارآگاه

Karagah

نشریه کارآگاه
پیاپی 60 (پاییز 1401)