نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری و مدرس مدعو حقوق، دانشگاه فردوسی، مشهد، ایران (نویسنده مسئول)
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه فردوسی، مشهد، ایران
3 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی واحد علوم و تحقیقات تهران، تهران، ایران
عنوان مقاله [English]
Criminological findings acknowledge that if serious attention is paid to the role and position of the victim, it has a significant impact on solving the criminal problem and even in many cases, it will prevent the victim from becoming a second victim. Since victimization is an important discussion in the field of criminology, one of the types of victimization for which the least preventive solution has been provided is the victimization of the second immigrants. The issue of foreigners as an important minority that includes a large population under different names such as: refugees, immigrants, tourists, political agents, etc.; less attention has been paid to the victimization of this second group of society. Since foreigners (immigrants) are among the vulnerable sections of the society for various reasons; It is more likely to be victimized, especially the second victim. The present research has been conducted with the aim of studying and investigating the problems of migrant victims in the criminal proceedings or the secondary victimization of migrants in the criminal proceedings, and it has been tried to explain the effect of the type of behavior of the institutions dealing with the victim and its role in the secondary victimization of migrants. In the current study, with a qualitative descriptive-analytical method (interview and face-to-face observation), the causes of the formation of victims of the second immigrants are issues such as: the immigrants' fear of returning to their country, the lack of police presence in the immigrant areas, the lack of investigation and closure of the cases, long The presence of the trial process, not dealing with the victims of illegal immigrants who were victimized by the police, the existence of a second-degree victimization of the immigrant accounted for the highest percentage. In the end, it has been concluded that, first, a special law for immigrants and foreign nationals should be drafted in order to protect their rights when they are violated, as well as cultural and educational programs for the responsible institutions to raise awareness and make this part of the country responsible. The judicial system should consider the rights of foreigners and immigrants so that the victimization of the second foreigners and immigrants in the criminal process is reduced.