List of Articles criminal justice system

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  1 - The Punishment in Qajar Era (1210-1264 AH): The Case of Making Blind
  babak rohulamini s.hashem aghajari
  The history of making blind as a punishment backed to pre-Islamic Iran. The punishment was prevalent in Iran's criminal justice system until the mid-Qajar period. But it was gradually abandoned. This study aims to investigate the punishment of making blind during the Qa More

  The history of making blind as a punishment backed to pre-Islamic Iran. The punishment was prevalent in Iran's criminal justice system until the mid-Qajar period. But it was gradually abandoned. This study aims to investigate the punishment of making blind during the Qajar era and how it was removed from Iran's criminal justice system. The results of this study indicate that the punishment was used in Iran until the early days of Mohammad Shah's reign and it was mainly against the perpetrators of security such as the rebel princes and Khans. It seems that the removal of this punishment was due to the consolidation of Qajar government as well as the impact of Western law. Manuscript profile
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  2 - Restorative Mechanisms against Environmental Crimes in Iran’s Criminal Justice System
  Fatemeh dehdarzade
  As a criminal phenomenon, environmental crimes require provisioning reactive strategies by administrators of criminal justice system. Restorative mechanisms as a considerable part of reactive strategies and their statuses in the criminal justice system are of subjects l More

  As a criminal phenomenon, environmental crimes require provisioning reactive strategies by administrators of criminal justice system. Restorative mechanisms as a considerable part of reactive strategies and their statuses in the criminal justice system are of subjects less studied analytically. Using descriptive-analytical methods and library data, the present research explained and evaluated restorative mechanisms against environmental crimes in the present Iranian criminal justice system. The results showed that although in the present Iranian criminal justice system and regarding environmental crimes restorative mechanisms don’t function as criminal and suppressive mechanisms, this doesn’t mean that criminal legislator has ignored them altogether; in fact, some strategies can be explained and evaluated including environmental mediation, provisioning restorative function for NGOs, damages awarded by courts as some complementary for criminal punishments, and also legal assistance for the victims of environmental crimes. Despite the fact that Iranian criminal legislator considered partially the restorative mechanisms against environmental crimes, some faults can be seen in implementing these mechanisms among which more important ones include limited intervention by NGOs in the preferring process and participating in hearings, approving by the head of the judiciary the names of NGOs authorized in performing these duties, making non-mandatory the environmental liability insurance for the future professions, lack of legal regulations on compensation funds for environment. Manuscript profile
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  3 - The Impacts of New Penology Effects on Iran's Criminal Justice System; with a Look at Jurisprudential Teachings
  Ali Davoudi Salestani Seyyed Hossein Hashemi shahrdad darabi
  New Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In More

  New Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In the field of jurisprudence, punishments have been discuss in the context of jurisprudence, qesas, diat and ta'zir; since in our society most offenses are of the ta'zir type, so there is a good jurisprudential capacity to adopt a new dual criminality policy in order to avoid .this path can be applied to the cost-benefit management model. Our research has shown that the Iranian criminal justice system has been trying to adopt an approach to avoiding the enormous costs of imprisonment since the year 2013 by adopting the general principles of Islamic penal law and applying risk criteria in the system of punishment ratings and incorporating social punishments into the legal literature. . A change that, despite its inherent functionalism, faces challenging aspects such as populism and security is in the interpretation of ris Manuscript profile
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  4 - Study of crime risk management approach from the perspectives of Imami jurisprudence, Iranian criminal law and international criminal law
  جلال الدین حسانی seyedmahmoud mirkhalili Mohammadreza Nazarinejad Kiashi
  Crime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, I More

  Crime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, Iranian criminal law and international criminal law. In the crime risk management approach, the risk level of each of the crime categories is assessed and the appropriate criminal responses are implemented. Discrimination, delinquency, identifying the roots of moral corruption, enjoining the good and forbidding the evil, as well as predicting severe punishments, are some of the symptoms of this approach from the perspective of jurisprudential teachings. Substantive criminal law also reflects its in the framework of grading and determining Ta'zir punishments, issuing a Ta'zir sentence in case of non-execution of Qisas, prohibiting the implementation of mercenary criminal institutions towards high-risk perpetrators, determining the aggravated qualities of crimes, etc. Criminal security agreements, specialized criminal proceedings and urgent proceedings are also the most important platforms for implementing the crime risk management approach in the formal structure of criminal law. The criminalization of major international crimes, the severe penalties in the Statute of the Court, and the African challenge of the Court are examples of this approach in the field of international criminal law. This study has found that the crime risk management approach is clearly evident in each of the domains of Imami jurisprudence, Iranian criminal law and international criminal law. Manuscript profile
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  5 - A Comparative Study of the Electronic Evidence in Criminal Justice Systems of Iran and China
  Babak pourghahramani Reza Ghaderi
  10.30495/cyberlaw.2022.692009
  Background and Objective: With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively More

  Background and Objective: With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively study and analyze the position of electronic evidence in the criminal justice systems of Iran and China.Method: The present research employs a descriptive-analytical method in reaching its objectives. The rules and regulations governing electronic evidence in China and Iran have been studied and comparatively examined.Findings: Investigating cybercrime requires the seizure, collection and credibility of electronic evidence in the trial process. The laws and regulations of Iran and China have dealt with these issues separately and have provided solutions for criminal prosecution by criminalizing cybercrime.Results: The criminal systems of Iran and China have adopted different regulations and laws with regard to collection, seizure and credibility of the electronic evidence according to their own needs in the society. The legal system of China is more developed than Iran as far as its technical and specialization are concerned. The legal system of Iran, in its turn, follows a human rights approach of the same and attempts at restricting the authority of the justice administration law enforcement agents by stating their duties and responsibilities. Both of the systems use police force as the responsible body for collecting, seizure and credibility of the electronic evidence. Manuscript profile
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  6 - Analysis of the Role of Community-Oriented Police in the Light of Restorative Justice (with an Emphasis on the Criminal System)
  SEYYED SAJJAD razzaghi mousavi mehrdad rayejianasli
  10.30495/jcld.2023.1975157.1038
  Receive Date: 2023/01/01                   Revise Date: 2023/04/30                   Accep More

  Receive Date: 2023/01/01                   Revise Date: 2023/04/30                   Accept Date:  2023/05/07 Police institutions, which have a long archaism in different societies, were formed with the main purpose of maintaining public order and preventing crime occurrence. This institution, like public order, has evolved over the past decades in accordance with the evolution of the society's understanding of the criminal phenomenon and has shifted from traditional approaches to the new and community-oriented approaches. Nowadays, countries have faced an increase in crimes, which has caused insecurity and mistrust to the police in the society. In order to deal with this insecurity and mistrust, the governments decided to decentralize the police and also assign an important role to the society in fighting against crimes. Also, according to the current society's need for a police model which is different from the traditional police model, a restoration police was formed to respond to these needs. By using the descriptive-analytical method, the following article acknowledges the important and influential role of the police in resolving disputes and criminal issues as one of the actors of the criminal justice system. Among the most important preventive strategies of community-oriented police, we can point out the realization of interactive police instead of repressive police, the realization of ethical police instead of forceful police and playing the role of warning police instead of chasing police. On the other hand, changing the strategy from violent policies to participation-oriented criminal policies and also moving in the direction of community-oriented police model governance are among these requirements. In other words, the implementation of rehabilitation programs in the police organization requires the trust of the victims in the police as well as dignified behavior towards the victims. Manuscript profile