نشریه تحقیقات حقوق خصوصی و کیفری
سال هجدهم شماره 4 (پیاپی 54، زمستان 1401)

“Confrontation with the persistence of delinquency in the shadow of progressive criminology”AbstractInstitutional measures of criminal justice and the assistance of civil establishments only along with thoughtfulness can address an unescapable phenomenon such as social deviance. The crisis of delinquency and persistence in criminal behavior is not a one-time incident without transition from different periods, but it is preceded by causes and components that can grow and evolve in the fullness of time. This attitude that today’s professional criminal is the yesterday’s precocious accomplice is the backbone for studying scientific approaches which are cited in the practice of growth-oriented approaches in psychology and criminology. In this perspective, the delinquency of children and adolescents requires a distinguishing yet special scientific approach, so that by accepting that delinquency is a dynamic and stable phenomenon, not only early detection will become probable through screening children and teenagers exposed to delinquency, but also by putting them in preventive programs, they can be prevented from turning into super-delinquents over time. Based on this, the following article is qualitative in terms of descriptive-analytical method, which, in addition to identifying the risk factors in the emergence of persistent delinquency among children and adolescents, expresses solutions to confront this phenomenon.

In order to rehabilitate prisoners and develop sustainable and productive employment, while analyzing Article 174 of the Prisons Organization Regulations, in order to generalize the work of prisoners during imprisonment to after release, it is necessary to consider criteria regarding the individualization of the work of prisoners.The main concern in allocating jobs to prisoners has been to replace imprisonment and perhaps reduce the cost of keeping prisoners.But this issue has not helped the process of not committing crimes again.According to the new regulation of the prisons organization, the employment of prisoners is for the purpose of developing rehabilitation programs, reducing the harm of imprisonment, helping to meet the material and spiritual needs of the convicts and their families, and the self-sufficiency and self-employment of the prisoners, which should be proportionate to the individual abilities and talents of all prisoners. be providedThis research has been compiled and reported by descriptive analytical method, by using internet resources, information banks and library studies. The implementation of the provisions of this article requires a better familiarity with sustainable and preferably quick-yielding production jobs. It seems that the need to feel commitment and commitment to work can help to prevent the re-offending of the crime in addition to increasing the prosperity of national products.The result of this research will be the necessity of running a job opportunity management center with the approach of creating job search files for prisoners in order to implement Article 174 of the Prisons Organization Regulations.

Maintaining security and protecting individual rights and liberty are the dual goals of criminal procedure. It is difficult to achieve these goals simultaneously in specific types of crimes such as terrorism and security crimes. Due to inadequate general criminal procedure rules in this area, legislators have been forced to adopt a differential criminal policy in this regard. The stage of being in custody, which- due to its special characteristics- brings to mind the possibility of violating the suspect's rights more than any other stage, has also been subject to differential approaches. Having a differential approach to the suspect's rights in custody for specific crimes, the criminal justice systems of France and the United States designate special officers, extend the custody period, communicate the suspect’s accusations and its evidence as well as his/her defence rights, and restrict the free involvement of the suspect’s attorney. In criminal justice system of Iran, Unforeseen differentiation approach in law but this procedure in jurisprudence and circular is a important challenge. Meanwhile, due to the numerous reforms and the influence of the European Convention on Human Rights, the differential approach of the criminal justice system of France has achieved a more appropriate balance between the suspect's rights and the right to security.

In some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, e-mail address, validity period of the offer and terms of cancellation in her offer, while according to the civil law, none of these cases are the responsibility of the seller. The purpose of this research is to investigate these differences and their causes, weak points or strength, and how to combine laws in some cases. The research method in this article is descriptive and analytical, and method of collecting information is library. Considering the non-personality and additional nature of electronic contracts and the possibility of their internationality, the law of electronic commerce has been prepared by adapting the international model laws in order to unify the regulations and harmonize most of the countries. Based on this, despite the terms of termination in these contracts, there is no place to invoke the civil law termination cases. Also, electronic documents such as normal and official documents are recognized as valid. It is appropriate for the judiciary to step in this direction.

Considering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of thoughts, therefore, citizenship rights, as a new expression in Iran borrowed from Arabic literature, are of different types including judicial citizenship rights which explain the rights of defendant, plaintiff, and witness in jurisdiction, confession, and testimony, respectively. Judges, bailiffs, and other justice executives in judicial system are required to respect these rights. Reviewing Quran verses and Infallible imams’ traditions, one sees that Islam explains comprehensively the judicial rights of citizenship making it is one of the important references regarding judicial citizenship rights in positive law, putting the serious responsibility of judgment on the shoulders of the qualified and just judges and explaining some special orders and instructions on the subject. This is a descriptive-analytic research. The findings showed that the Iranian constitution considers citizenship rights as of the nation rights and its principles as explained in the judicial law are of legal sanctions in the Islamic criminal law. In addition, other laws, such as criminal procedure code and single-clause bill of legitimate freedoms and citizenship rights, though suffering some flaws, show special considerations from the legislators for the judicial rights of citizenship.