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Mohammad Farajiha Assistant Professor Department of Law, Tarbiat Modarres University  This article attempts to explore the impact of criminological researches and findings on the two main areas of criminal policy: penal policy and victim policy. The question arises, however, that whether there is any connection between the policy reforms and research in these two areas and to what extent. In this article is tried to evaluate how far criminological policy in general and penal and victim policy in particular are research driven? What are the factors that influence policy _ making, and what, if any, is the role of research in it. Regarding penal policy, it draws attention to recent developments in penal law and practice that have caused concern to criminologists and discusses some of the reasons of why criminological finding appear to have had less impact on penal policy than many criminologists had hoped for. It suggests that some of may attach to criminologists for failing to establish a scientific legitimacy for their subject and concludes by arguing that criminology needs independent findings to guarantee a scientific agenda free of direct political influence. Researches on victims of crime in many societies have disclosed some real needs on their part, not only in practical terms, but also in terms of the need for greater attention from criminal justice agencies and for enhanced participation in the legal process. The rights of victims have been recognized on the level of declared policies and legislation, but, as in other areas of criminal policy, these policies are not necessarily based upon the findings of research. In victim policy, however, the conclusion that "nothing works" - which was claimed earlier in relation to penal interventions - would be premature. The problem is rather that "nothing is fully implemented.

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The exclusionary mechanism has been approved by different criminal justice systems in various forms. While basic principle of approval of this rule in English legal system is restitution and compensation to victims of police abuse of power, American legal system mainly emphasises on the impact of this rule in deterring police violation of defendant's rights. Iranian penal code has recognized this rule in particular criminal case. It seems that translation of this rule into national criminal laws has been under the impact of international instruments and comparative studies without considering its theoretical basis and other necessary legal and administrative mechanisms. That is why this rule has remained at the rhetoric level and it is hardly come to reality, even in the case of gross violation of defendant's rights such as physical torture.

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Since the last few years, criminal policy authorities of Iran started to withdraw their previous emphasis on repressive approaches and under the impact of criminological studies and translation of policy initiatives in western countries new concept and vocabulary were entered into official discourse and criminal justice policy of Iran. Consequently, a list of community-based approaches to criminal justice system such as community-based punishment, community-based settlement council, community policing and community crime prevention became integral parts of the third and fourth 5-year Development plan (2000-4 & 2005-9) and the Second Judicial Reform Plan (2004-8) very rapidly. Regardless of how these ideas and policies are introduced to the Iranian criminal policy, the most important questions should be asked in this field are that to what extent thes policies will meet current needs of criminal policy of Iran? To what extent community-based approaches are adapted to socio-economic, cultural and political contexts in Iran? It seems that, successful reforms in the area of public participation in criminal justice needs to some pre-conditions such as; structural changes, cultural capacity building and understanding the principles or rationales which are standing behind each of these reforms. Our effort in this article is to describe and criticize two important aspects of community-based approach to criminal justice in Iran; Community-based punishments and settlement councils.

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Penal populism has affected criminal policy of many countries in recent years. Under the impact of this approach, policymakers try to pass and enforce publicly admitted crime control policies, regardless of their scientific and theoretical basis. Penal populism has rooted in many factors such as media representation of crime, rising of public fear of crimes, nothing works idea, and election competitions. Its manifestations can clearly be seen on media representation of sex criminals, tendency to punitiveness, criminal policy making based on unpopular criminal events, and infringing of basic principles of criminal law. This article tries to in addition to describing and analyzing the conceptualization of penal populism, the contexts of arising and its manifestations in the penal policy of Iran, do a comparative study of penal systems in this regard.

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           Studies on the sociology of punishment suggest that social and economic structures of the society influence not only the number and the nature of committed crimes but also the qualitative and quantitative changes of punishment. The primary theories on the relationship between penal system and the labor market puts an emphasis on the function of the prison as a mechanism for controlling the surplus labor market and taking economic advantages of its working forces in the prison factories. From this point of view, penal strategies are produced and developed in the context of especial model of production system. During the last few decades, hypotheses regarding the relationship between the labor market and the penal system have been tested and developed in the different contexts. Taking advantage of quantitative and qualitative research methodology, this article tries to compare the impacts of changes in the economic system and the labor market on the development and reform of the penal systems, in particular the penal sanctions, in Germany, USA and Iran.                  
 

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Judicial criminal policy despite of legislative criminal policy, extends the subject of crime and the criminal consequences to the illegal acquisition of property, when it faces Article 2 of the Law of Severe Penalties. In addition, criminal behavior is extended to property acquisition through the ways, which have not been legalized by the legislator and as a result, the illegal behavior would be realized by non-action, possessing and holding property. Therefore, this article is in conformity with unfair possession. So, the judicial criminal policy, despite of legislative criminal policy, has a lot of similarities with Article 20 of Convention against Corruption on the crime issue, criminal behavior, criminal consequence and causal relationship. Pointing to the Severe Penalty, Promotion of Healthy Administrative Law and Article 20 of Convention against Corruption, reveals differentiating the criminal policy by the lawmaker in the framework of three criteria: 1- typology of crimes, 2- typology of criminals, and 3- typology of pre-criminal situation. According to the above criteria, there appear many similarities between Article 2 of Severe Penalties and Article 20 of Convention against Corruption. However, judicial criminal policy extends Article 2 to some cases of financial deviations, despite of legislative differentiation.

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Public protection has become a key theme of much recent criminal justice legislation and policy aiming at the effective management of high-risk offenders. Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring the users to abstain. It is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those who promote safer substance use, to those who promote abstinence.
This article, by employing descriptive-analytical method, describes the implementation of harm reduction policy according to successful policies of Portugal and Canada. Then compares harm reduction policy between Iran and those two governments. This paper proposes that the "bill of decriminalizing from drug law and treatment of drug abuse," and its amended should be put on the agenda. Firstly, policy-makers should decriminalize the use of some low-risk drugs because relevant authorities can implement harm reduction policy with freedom of action and secondly, the behavior of all drug users should be diverted to access to drug user. Thirdly, since the age of drug users descends, thus policy-makers should be consider youth in harm reduction programs.

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According to the deterrence theory the severity of punishment in drug crimes is justified on the basis of the quantity of drugs. The reason of this issue in sentencing is related to the harm. It is presumed that more drugs have the ability to cause more harm and for this reason sever punishments are needed.  This issue has adverse consequences in the appropriate response to the drug offenders. The method: In this research, content analysis of the statutes was used for examining the quantity problem. Findings of the research show that overemphasizing on the quantity and ignoring the culpability criterion has led to the more severe punishment of the low level drug offender in comparison to high level drug offenders. Furthermore, Drug couriers and user dealer have also affected by this criterion. It seems that the lack of scientific studies to evaluate the consequences of this issue, the lack of knowledge about the empirical findings in the other countries and strict views among criminal justice officials are the important obstacles to the right legislation in this issue.

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Recognizing the boundary of criminal intervention and non-criminal intervention in individual liberty is a question with is considered in debate of Principle on Criminalization. In crimination of cybercrimes specifies those acts which could be criminal in cyberspace. This procedure is based on some issues, such as principle of harm and The principle of individual independence, which limit incrimination and justification scopes. Some of them, such as the principle of general interest and the principle of the rule of law, are supporting incrimination as well, these principles as a rule and pattern determine those acts which should be excluded from state’s authority. This paper seeks to respond this question that how much are affected both Iranian and German criminal legislation systems, of incrimination of cyber wrongdoings? How much German concerned findings could be used in Iranian system? Findings of this research show that, German legislators, in a liberal manner which is based on human liberation and Individualism, which is mostly affect by principle of harm, provided that, the harm was sever and other preventive ways were impossible or useless. But Iranian legislator, along with using the principle of ham, with a different interpretation, considers harm to morality and Islamic worth, and this Iranian legislator’s notion is justified by the principle of rule of law and principle of general interest.

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Legal translation is a special type of Language for Special Purposes (LSP) translation involving cross-linguistic communication in the legal context and it tends to involve more cultural specific components. Since the main functions of legal language are normative and performative, it is important to make sure what the actual purpose of the translation of a legal text is. On the other hand, legal translators are expected to produce not parallel texts but texts that are equal in legal effect. So, they must be able to understand not only the legal concepts and the legal effects they are supposed to have, but also how to achieve those legal effects in the target language, especially when it is based on a different legal system. The vast differences in Persian and English legal systems and legal cultures, and consequently the associated incongruity of terminology, highlight the many challenges in legal translation. This paper aims at presenting a strategy through which we can convey the legal culture of SL (Persian) to TL (English) and while creating similar legal effect in TL, improve the quality of legal translation, relying on the two notions inspired by Venuti (1998), i.e. domestication and foreignization. In this regard we analyzed legal translation of 20 Persian to English Divorce Decrees within the domain of Private law, the study of which has been seldom attempted despite the customary presence of these instruments in the legal routine. As a result of this analysis we can conclude that legal texts in different legal systems are translatable and a similar legal effect can be created in TL provided that the legal genre of the source text is preserved and also functional and conceptual equivalences are employed through foreignization and domestication.
 

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The typically covered prison’s nature in the one side,and in the perspective of authorities of these settings,insignificance or at least being low importance of people held within there in other side,creates some type of sense of immunity that sometimes expose the basic rights of detainees in an irrecoverable risk.Lack of an independent mechanism of oversight of prison/custody as well as inmates’ complaints,led to expansion of natural tendency of these settings to remain at anonymity and non-transparency.On the contrary,trying for transparency and accountability of prisons’ authorities through regular & independent oversight of their treatment with detainees, decrease the risk of power misuse in this settings,use of force within them (sometimes in serious and even fatal degree),Sense of immunity and being immune of punishment and guarantee the basic rights of who deprive of their liberty.In prison system of Iran,despite of some efforts for oversight of detention settings,most acts stayed at a level of within-system oversight and in fact had also been done in a reactive not active or regular manner,generally after media disclosing of some event within them,in response to public opinion and after numerous formality and most degree of restrictions.Using the related sources about oversight of prison/custody and inspection of them,this paper meanwhile examining the international standards in these issues,studies the challenges and solutions of US and UK tries to along with examining the accepted mechanism in Iranian prison system tries to analyse the content of documents and formal discourse in these issues,examine the applying of these mechanism in fact.    
 

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The development of the corporates presence in the human social life of the twenticth century has led to the expansion of the criminal aspects of this presence. Corporate criminal and offenses are emerging from the needs of the victims, offenders and community, which are not effectively resolved through traditional criminal justice systems responses and interventions.One of the most important needs associated with corporate crimes is the compensation of somewhat widespread harm caused by corporate criminal behaviors. Problems such as the multiplicity of the victims, the existence of indeterminate losses, the existence of unknowing victims of victimization,the victimization of the state, the high percentage of secondary victimization, because of the power and ability of corporates to escape accountability has led traditional criminal justice processes to compensate for the corporate crimes No be successful. In this descriptive-analytic method, this paper exmine the challenges of traditional and generally retributive approach in response to the needs of the victims and using the experience of countries such as Australia and Canada in adapting to the restorative approaches in this area, the capabilities of the paradigm of restorative justice are responding ,to the damage caused by corporate crimes.Based on the finding of the present paper,restorative responses can resolve the various concerns of the criminal justice system in responding to the needs of the victim and compensate for them.

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Marital rape as one of the types of domestic violence against women is not a novel phenomenon; however, only in recent decades has it been considered by criminal justice systems to confront with. International documents have pointed out that the marital relationship should not be accepted as a factor to justify sexual violence, according to which the domestic violence is not a simple family conflict, but a social problem threatening the public health. Therefore, member states have been called upon to eliminate or reduce domestic violence through criminal intervention which has been recognized in many countries as essential to confront marital rape. However, legislators do not follow a single pattern in this context. Careful reviewing the different countrieschr('39') laws about marital rape, we can identify four patterns of criminalization and three ones for penalization. Applying a descriptive-analytical approach, this study is aiming to first provide evidences of different countrieschr('39') criminal law, and then analyze the justifiable reasons for their obligation to each of such patterns. Furthermore, investigating the current situation of Iranian law, this article is seeking to find solutions for criminal intervention of Iranian legislator in this field through referring to the jurisprudential (Fiqhi) sources.

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Attention to sexual harassment at workplace is a new phenomenon which has been the focus of researchers since the 1970s. There are many models and theories to explain sexual causes, most of which have socio-cultural, biological and personality roots,as well as organizational and cognitive origins. Recently, a multi-factor model has combined all factors to investigate this phenomenon. In this article, we have conducted in-depth interviews with 31 sexual harassment victims (with age groups ranging from 23 to 47). Applying the Snowball Method, the study found what the members of the focus group described their experiences and it analyzed the sexual harassment based on patterns and theories. In response to causes of sexual harassment, the findings of this study show that biological, social, cultural, organizational, and cognitive factors are effective but not sufficient in themselves and a multifactorial pattern can be used to explain the influential variables of this phenomenon.
 

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Sexual harassment of women has irreparable effects and consequences. Unfortunately, little research has been conducted on the consequences of sexual harassment in cyberspace, which has similar or often different types of sexual offences occurring in the real world. Therefore, the present study aims to investigate the outcome of women's sexual annoyance, the needs of these victims in cyberspace.  This is a qualitative research based on a descriptive-analytic method. The data gathering tools include: 1. Documents (criminal court and police cases) and 2. Semi-structured interviews. It also uses snowball sampling which is a statistical population of women and girls who were sexually abused or exploited in cyberspace. In this study, a total of 30 alleged victims were selected through interviews. The findings indicate that the victims of sexual harassment in cyberspace such as the victims of real space suffered both physical and financial losses as well as psychological effects (stress, anxiety, suicide, fluency...) due to conditions and features of the environment and offenders. In accordance with the severity of crimes, the victims are in needs of a series of medical, psychological and material cure as well as legal counseling such as information and details on such crimes. Finally, this research proposes the participation of a majority of social, legal and civil institutions in order to compensate for victims’ ordeal, their needs and rights. 

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Sexual harassment at workplace is a phenomenon that has many implications for women. Also, organizations and other employees are not immune to the devastating consequences of sexual harassment against women. Victimized women respond to harassment differently, such as silence, tolerance, bullying and aggression, leaving the workplace and even positive responding to sexual demands. In this article, in-depth interviews with victims will address the reactions and effects of harassment. We have also used the same tool to analyze the consequences of sexual harassment in organizations. The main questions of the study were the type of victim response to the harasser, the impact of the harassment on the victim, and the organization or other staff. The findings are obtained from interpretation and classification of in-depth and semi-structured interviews with 25 women in 23-47 age groups. They were selected from those with bachelor and doctoral degrees and working in government and private sectors. In order to obtain data, 5 open-ended and semi-structured interviews were conducted with 5 managers and administrative and financial assistants of public and private companies. The results of qualitative content analysis of interviews with victims, focused group, and the organizational management panel showed that women's responses differed by education, age, public or workplace privacy, from fear and silence to aggressive responses and complaints. And even retreats toward harassers were different. From individual perspective, harassment causes depression, morbid fears, prolonged anxiety, pessimism and suspicion, physical illness, labeling and social isolation. From an organizational point of view, there is virtually no protection mechanism for victims, which results in the abandonment of work, unwanted displacements, harassing dismissals, and even harassment and reduced organizational productivity.

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In the present era which is known as the era of communications and technology revolution, cyberspace is considered as one of the most important tools in shaping the public opinion. The role of this media in preventing crime from happening is of interest to scholars and thinkers. The current study analyzes the role of the media in preventing sexual harassment of girls in cyberspace, because cyber space can, with its media policy, be able to provide appropriate solutions to reduce crime. The research method applied in the course of the study is descriptive and analytical and includes library materials and case files available at Iranian courts as well as the Cyber Police department. It also takes into account interviews conducted with sexual assault victims through semi-structured interview technique. The snowball sampling gathered from 30 victims of theoretical saturation. The findings of the study include: 1- Cyber-sexual harassment with various forms such as: cyber-propaganda, cyber-distortion, illicit intercourse, etc. 2- Given that women and girls are the main victims of this crime, the best way to prevent it is situational and social prevention.

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The victim's intervention in the proceeding and the hearing of the pain and injuries inflicted on them are considered influential factors while passing judgment on the accused under New Zealand criminal law. The victim is either injured because of the crime or has already been vulnerable for some reasons exuberates the situation. The New Zealand criminal system assesses type and offense-seriousness in both cases to pass sentence on the accused.  The present research aims to study the impact inflicted on rape victims in determining sentences. It is a descriptive, analytical study conducted using the content analysis technique. A purposive sample of 15 rape cases was selected from the New Zealand criminal system and coded using ATLAS software.  The results show that if the accused is found guilty of pre-planned raping by resorting to physical violence, making sense of humiliation and severe mental harm, or rape is committed against vulnerable victims, the court aggravates the culprit's punishment based on the extent of the harms inflicted on them. It can be in the form of an increases period of preventive imprisonment, rejection of the plea for mercy or conditional discharge, the traverse of revision, and the extension of therapeutic or rehabilitation courses or compelling the offender to join them.