پژوهشنامه حقوق کیفری
سال سوم شماره 2 (پیاپی 6، پاییز و زمستان 1391)

Privacy is one of the basic and fundamental rights of Human that today has been threatened seriously because of the appearance of new technologies. Using instruments and technologies such as polygraph for access to confidential information and cryptic angles of individuals thought and personality, be counted invasion to individual liberty, unlawful entering the privacy of individuals and in other words breach of their privacy.Today, in many countries there are uses from polygraph as part of pre- employment test or a means for crime detection. In such tests, there are questions about religion, life and sexual desires, political ideas, racial issues that commonly don’t have any relation to employment or detection of related crime and be counted an immoral and inconsistent action with the individual's right to privacy.Thus, there is a need to codifying universal and adequate laws in this field, more than ago. Hereof, this paper studies the role of polygraph technology in breaching personal security and privacy.

Investigating strategic thoughts of lawmakers and criminal policy-decision makers in the field of reformation and treatment in the stage of implementing imprisonment and the effort to make them applicable is an important matter that can represent a system’s purposefulness and program-oriented in the form of comparative study. In discussion of reformation and treatment if we attend to categorize strategies, it appears that alongside the basic and fundamental the strategies, some of the cases in the stage of implementing retribution, are supposed to be practical strategies. In this phase, establishing reformation-oriented and treatment-oriented courses, evaluating the effectiveness, priority in reformation and changing and specializing reformation are considered prominent. Paying profound attention to practical functions of reformatting mechanisms that being used in the stage of implementing imprisonment in Iran and Canada indicates that rather on first strategy that had given the most effort, in other cases Iran’s reformation system, unlike Canada’s, has weaknesses and lack of attention. Evaluation strategies, evaluating the effectiveness and specialization of reformation are major the strategies that ignoring them affects other strategies and thus reformatting foundations will be unsecured and they will be the cause for provided reformatting policies to be ineffective.

This paper reviews and analyzes the elements of crime mentioned in article No. 641 of the Iranian Islamic Penal Code dealing with harassing phone calls. In examining each of the three elements of the offense, we covered some questions which may rise in minds and we will try to resolve the ambiguities and doubts arising from ambiguity of this article. after analyzing elements of this crime it is concluded that the results of this crime as a result crime is bothering and disturbing the mental peace of victim, its criminal behavior is positive -whether material or spiritual- act and to realize that an act is disturbing or not it is needed to apply both objective and subjective tests, its subject is moral personality of people, its criminal means includes telephone, wireless, Internet-connected computers, fax, pager and other communications devices. Time and space are not the constituent elements of crime and jurisdictional competent court to consider this crime is the place in which the call is answered by the victim.

The Impact of public opinion on death penalty in the West can be considered as abolition or retention of the punishment. The issue that is considered in this article is whether public opinion in retentions countries had any impact.Results show that apparently public support of death penalty in the United States and Belarus has led to retention of this penalty. But in spite of public support of death penalty in the other European countries, the punishment has been abolished. So we cannot say that public opinion has led to retention of death penalty.Indeed populist structure of criminal justice and political discourse has led to this consequence that public opinion be applied.

Historically, one of the main concerns of human being has been the fight against criminality whose long goal has been to have a society free of harmful abnormalities. In this way, all solutions so far have been taken in to consideration and many proactive and reactive measures have been implemented and tested. But the optimal efficient solution of encountering the criminality has always been taken into account. For this reason, whether having proactive or reactive viewpoint, those factors will be targeted that have a crucial role in the development of delinquency which by getting dismantled will prevent the process of forming another criminal processes and causing the various losses to the victims and crime's targets. In this perspective, the criminal motive and knowledge are known as the source of crime and criminal policy priority of theorists and criminal policy makers. If these elements can be eliminated, there will be no way for the development of the criminal situation and the criminal event. Targeting these elements, a good strategy on the agenda of today's prevention of criminality systems is Codes of conducts which is a reminder of the consequences of crime for actives and plays an important role in achieving the objectives in this area. Achieving this outcome, however, requires the identification of the position, function, mechanisms and conditions governing the formulation and implementation, and also the limitations of these tools. Otherwise, the outcome might have undue consequences that give the potential offenders the motivation and ability of further proceeding to a criminal process.

Child pornography has become an increasing global menace in recent years. The factors such as ease of access to internet, safe cyber space and remaining unidentified and high speed distribution with low cost play important roles in this regard.What is child pornography and its kinds? What is its magnitude in the countries of the world? Who are the victims and perpetrators of the crime? What were the international, regional and national reactions with regard to this threat? What is the approach of Iranian legislature to combat the crime? What are the elements of the crime? Is the national law capable of combating and preventing this crime?

Traditional Shiite jurists consider females of 9 and males of 15 Lunar years to be legally mature, and, thus, criminally responsible. Having limited scope of the discussion to the criminal responsibility, the main focus of this survey is on two different, yet related, perspectives: the relation of age and criminal responsibility, and then, possibility of making distinction between criminal responsibility and other legal and ritual capacities. As for the first point, the article argues that narrations considering girls of 9 and boys of 15 years old as criminally mature do not seem to correspond to the real facts in all societies, so they cannot be referred to as the basis of the law for all societies and forever. Shiite jurists seem to be in need of reinterpreting such narrations by contextualizing their contents. The role of age in criminal responsibility must be seemed more in the light of the basic elements of criminal responsibility. As for the second point, i.e. possibility of distinguishing criminal liability from other kinds of legal capacities, this survey suggests that criminal responsibility must be separated from other kinds of legal capacity, such as capacity for exercising rights and discharging of the obligations. Indeed a system of grading and allotment responsibility for different stages of age is recommended. In this line of thought, the age of full criminal responsibility, can be determined by considering fundamental Islamic teachings, as well as scientific achievements proposed by experts in various related fields, such as criminologists, physiologists and sociologists.

Convention on the rights of the child is the main document at child rights. This document recognizes many rights for childrens, and the right of preventing children's delinquency is very important. It has the role in children development process. Therefore, in this document recognition right to prevention of delinquency for children.Of course; convention on the rights of the child has some points in individual- based crime prevention.This article examines the approach for recognition criminological discourse in this document.