Criminal policy making
In: The international library of criminology, criminal justice and penology
In: The international library of criminology, criminal justice and penology
In: Home Office research study 59
In: A Home Office Research Unit report
Background and Aim: This article presents some perspective on bioterrorism by focuses on Agroterrorism cases. This study focuses attention on the issue of Agroterrorismand discusses criminal response against it in Iranian Criminal law. Materials and Methods: A handful of studies and researches have been reviewed for preparing this study.Ethical Considerations:Honesty in the literature and citation analysis and reporting were considered.Findings: Agroterrorism attack may results in the agricultural and food industries, loss of confidence in government, and possibly human casualties. The fear of a bioterrorist attack in the world have changed public health in countries. Based on these facts, a sharp and quick response including criminal responses against this kind of terrorism to protect the safety of community as well as health policies is necessary.Conclusion: Agroterrorism is a new form of terrorism which falls in the realm of bioterrorism. This kind of offence against the community attracts policy makers' high level of attentions. Iranian legislator amongst other policies prosecute offenders with article 286 of Penal Code: "Corruption on Earth". This question that this title is appropriate to combat Agroterrorism depends on the extent of the behaviors results. This title belongs to situation that vast geographic area or huge number of populations was affected due to terroristic attacks. The punishment of offender(s) is capital punishment.
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In: Social policy and administration, Band 31, Heft 5, S. 116-135
ISSN: 1467-9515
Any study of the uses of elimination is necessarily an excursion into the darker regions of criminal policy. The eliminative ideal strives to solve present and emerging problems by getting rid of troublesome and disagreeable people with methods which are lawful and widely supported. Much of this article provides a historical overview of some of the most significant episodes of the potent and perennial pull of elimination, notably Britain's use of Australia and the island of South Andaman, France's involvement in New Caledonia and Guiana, and Russia's reliance upon Siberia. Rather more detailed attention is given to Germany between 1933 and 1938. This first phase of German concentration camps brought together many elements of the eliminative ideal, including an ever‐widening range of perceived internal enemies, but also the lip‐service paid by the authorities to legality and public legitimacy. Finally, reference is made to contemporary developments in California and, at least by implication, to Britain. The eliminative ideal sits all too comfortably with contemporary pressures for social exclusion and, invariably, its most explicit and brutal expression is to be found within the realm of criminal policy.
The ideology behind the Finnish criminal policy is described as humane and rational. In line with this policy, efforts are made to reduce the use of the criminal justice system to solve societal problems. One of the internationally celebrated landmarks of this policy is the success in keeping the imprisonment rate at a low level. In this article we argue, that while this policy has been sensitive towards the needs of the offenders, it has failed to recognize the needs of victims, especially the vulnerabilities related to the victimisation of violence and sexual violence. International critical analyses on the appraisal of the victim rights have raised fearsamong the criminal policy planners in Finlandand prevented analytical discussion. Furthermore, the reluctance toinvolvethe victim perspectiveinthe criminal political discussionsis based on mistaken ideas of what the victims really want.In the article, we will considerhow to strengthen the position of the victim without making the criminal policy more punitive in general.
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In: Social policy & administration: an international journal of policy and research, Band 31, Heft 5, S. 116-135
ISSN: 0037-7643, 0144-5596
Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
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In: Juridiska Fakultetens skriftserie 82
In: Zbornik radova Pravnog fakulteta, Nis, Heft 66, S. 121-138
It is concluded that corruption is part of every society, whether it is developed or undeveloped, the question that arises is, what is the difference in these societies regarding level, while the fact of the existence of corruption as a phenomenon does not arise as a question at all. When we have this in mind, it is observed that the fight against this phenomenon must be permanent and without any compromise. Certainly, developed countries have better possibilities in fighting corruption in the sense of experience, methods and technologies that they possess, while developing and undeveloped countries remain to follow the best practices of these countries and greater political will of citizen to fight this phenomenon. It becomes even more complex when we consider that corruption as a phenomenon is very well connected with other crimes and especially it is not viewed separately from organized crime or money laundering, financial crimes or various forms of serious crime. Even more disturbing is the fact that corruption includes almost all spheres of society, including the private and public sectors, civil society. This creates bad opinion that somehow the whole society is corrupt. Forms used to express the corruption, are summarized as follows: provision, promise or giving of bribes to public officials; bribery of foreign officials; demand, accepting or receiving bribe by public officials; influence at work; aim to influence; Abuse of public property; misuse of office / position; bribery in the private sector; obstruction of justice. But this is not limited by all this, since the possibility remains to constantly "modernize" the forms of corruption. Efforts to define corruption as a phenomenon have been, and remain numerous, but we still do not have a single and accepted definition except the efforts to include as many more elements and forms of expression of this phenomenon. Thus, a comprehensive definition is given by the Civil Convention on Corruption, drafted by the Council of Europe. Under this Convention, "corruption" means requesting, offering, giving, receiving, directly or indirectly any bribe or other benefit, which will affect the proper conduct or behavior or the request towards certain behavior of the one who receives bribe, or whoever else benefits from it '. DOI:10.5901/ajis.2014.v3n3p252
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The subject of this study is to examine the Iranian criminal policy approach to drug crimes in different aspects of legislative, judicial and executive matters. One of the major issues studied in medical law, crimes and drug offenses, peripheral issues, and its effects and outcomes. Countering and rational prevention of drug crimes is not possible without understanding and understanding the concept of criminal policy and their types. One of the dimensions of this policy is the formulation of criminal law and support for community health and the fight against high-risk behaviors against the health of the community. Instead of trying to eliminate the disadvantages of the criminal policy of drug crimes, Iran's criminal policy, more than anything else, seeks to eliminate the goals of the criminal policy of drug crime. Finding the causes and causes of drug production, distribution, import and export disturbances, relying on criminal policy related to drug crimes in the criminal justice system, changing the police force structure and forming a special drug police crime is one of the objectives of this research. The findings of this study indicate that Iran's criminal policy is low in drug offenses and its shortcomings. It also states that the Iranian criminal policy approach to combating drug offenses is a punishable, degrading and preventive approach while criminal policy must first and foremost be designed and planned for the long term.
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Due to the new instruments on human rights, both constitutional and international, the redefinition on the concept of public security needs a new refreshing as a preliminary and required task to the criminal political analysis simply because the view over them , either narrow, wide or both at the same time, will affect its reach, content and success in accomplishing them. Thus, these actions may be part of the new legal contexts or could end up infringing them.
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In: Juridiska Fakultetens skriftserie 83