Criminal Law
samira ahmadiyanmoghaddam; abbas samavati; farid mohseni
Abstract
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children ...
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There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children from deviance, warning, order to pray, enjoining right and forbidding evil, and the patience of the parents in performing these tasks in a completely fluent and practical way.
In this research, using the descriptive-analytical method, while expressing a set of parents' duties including their acts or omissions based on law; Islamic Jurisprudence and teachings, the types of incentive and/or deterrent sanctions and punishments are explained. Important and valuable steps have been taken in the protection of children and adolescents such as: passing the Law on the Protection of Children and Adolescents (2019), Anticipating regulations that refer to some of the basic principles of the Convention on the Rights of the Child, including the right to life, participation, and protection of people under 18 years, Anticipating the duty of providing information for the organs, government institutions and media about the rights of children and adolescents, attracting the attention of citizens and activists in the field of children and adolescents rights and pointing out negligence towards children and its criminalization and anticipating provisions that refer to some of the basic rules contained in the Convention, including the prohibition of torture and identification of legal personality.
the lack of provisions related to gender issues and discrimination, as well as immunity for parents who violate children's rights or the exemption of parents from certain punishments due to the Article 9 of this law regarding the commission of some negligent crimes against children; are among the loopholes of this law.
Criminal Law
Payam Forouzandeh; Farid Mohseni
Abstract
After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of ...
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After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of the Code of Criminal Procedure sets out the items that should be inserted in the indictment. Clause "c" of this article states the accused criminal record as one of the items of indictment. However, the judge of the court will need the accused criminal record when he finds him guilty and wants to determine the appropriate punishment for him. While the accused may be acquitted in court and there is no need to determine a punishment for him at all. In this article, with a descriptive method, while reviewing the possible foundations of the mentioned legislative sentence, it will be explained that because there is no need to inform the judge about the accused criminal record before proving his guilt, inserting that in the indictment and consequently informing the judge from that is contrary to the principle of prohibition of espionage and may violate his privacy. In addition, the judge's knowledge of the accused criminal record before he or she is found guilty also damages the fair trial process and creates a negative prejudice in the mind of the judge, which can violate the presumption of innocence and the judge’s mental impartiality. At the end, we will provide some suggestions for fixing these problems.
Public Law
Farid Mohseni
Abstract
Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government ...
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Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government and in public organizations and institutions. Although the widespread use of disclosure in the form of motivating and supporting whistleblowers is not a definitive way to eradicate corruption, it is one of the tools of development, improving governance, and creating governments and organizations with moral and legal health. For this reason, the functions of disclosure in combating and preventing corruption are in the spotlight more than ever. Although some consider disclosure to be a form of espionage and espionage, in many countries this practice is seen as a result of courage, commitment and adherence to morality. Is. Exposers are considered to be the most important factor in preventing potentially dangerous mistakes from leading to disaster. But even the most famous and successful whistleblowers have all gone through a very difficult, long and risky path and have faced very strong reactions. Despite the growing emphasis on disclosure and efforts to provide legal protection to whistleblowers, the realization of this phenomenon still faces many obstacles. Paying attention to these barriers and analyzing them can be the basis for drafting laws and providing effective criminal protection to facilitate disclosure. Of course, paying attention to the boundaries of freedom of information and expression, information privacy, transparency and disclosure, as well as using the experiences of other legal systems as well as Iranian law sources, are key points of this process.
Criminal Law
farid mohseni; reza rahimian
Abstract
The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the ...
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The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the type and amount of punishment will have a fundamental impact on the criminal justice system and achieve its stated goals. The lack of comprehensive guidelines for determining punishment in the Criminal Code has led to the formation of non-consistent procedures in Iran's criminal tribunals, which not only resulted in the maximum and unjustified use of penalties such as imprisonment, but, depending on the kind of persuasive or exaggerated judgment, the issuing judge , Has led to the "happening of justice", while the type of crime and its effects are the same and the same. Hence, the principled and scientific procedure for the issuing of criminal sentences requires, on the one hand, comprehensive and precise review of the courts of appeals against the judgments of the first courts. On the other hand, at the level of legislative criminal law, the legislator should be in a set Use legal materials to determine the principles of the Code of Conduct for Determining Penalties to prevent unequal treatment in judicial procedures.
farid mohseni; Hesam Ebrahimvand
Abstract
Identifying criminal liability for legal entities is one of controversial issues in criminal law. A party is considered as one of the most important legal entities whose criminal liability is important, from different aspects. The paper primarily defines concept and background of political parties; then, ...
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Identifying criminal liability for legal entities is one of controversial issues in criminal law. A party is considered as one of the most important legal entities whose criminal liability is important, from different aspects. The paper primarily defines concept and background of political parties; then, discusses legal conditions for activity of political parties, after explaining their legal personality and determining the time for formation of legal personality in substantive and affirmative terms. Necessity of identifying criminal liability for political parties, and also foundations of such kind of liability from theoretical and legal points of view are among those subjects discussed, in the paper. Meanwhile, making separation in activities pertaining to political parties, some strategies have been proposed to determine criminal liability for political parties; so that, uncertainties and objections to Islamic Penal Code in explaining criminal liability would be removed. Following subjects are among those issues dealt with here, in the paper: rules and regulations governing crimes performed by political parties, identification of responsible person in those crimes pertaining to political parties, correlation between penalties imposed on real person along with legal entity, those penalties imposable in this respect, and the way these penalties are imposed. Also, references have been made to some articles of the “Law on Activities of Political Parties and Political Groups”; while, making emphasis on necessity of its review and prioritizing legal approach over other political categories, etc.
Farid Mohseni; Nasir Malakooti
Abstract
Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil ...
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Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil liabilities as to the concept of causation. Thus, in area of former, causation must be analyzed through criminal methodology. This is given to the fact the each area of liabilities has its own means and necessities and therefore each type can only be reviewed on the basis of each respective structure. While, it is accepted that compensation would be a consequence of bearing criminal liability, invoking criminal liability is based on standards sourced from criminal principals. This paper will endeavor to provide a comprehensive criminal overview of the causation, its elements, norms as well as challenges of such essential element of criminal liability in light of Islamic thoughts, judicial verdicts and criminal legislations, particularly the new Islamic Penalty Code ratified in 1392 .
