Criminal Law
Hamed Safaei Atashgah; Behzad Razavifard
Abstract
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors ...
Read More
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors that are equally or even more harmful and are committed by powerful offenders are beyond the control of the criminal law. The interaction of Corporations and States has led to the emergence of a new type of crime called "State-Corporate Crime". Today this criminal partnership has led to the global climate crisis. While the harmfulness of anti-climatic behavior is very severe and at the level of "Catastrophe"; acts and omissions such as non-adherence to climate agreements and emission of greenhouse gases (GHG), which also occur "continuously" are not criminalized in domestic and international laws. By introducing the concept of "Climate Crime" as a library study, the present work sought to answer the central question that: According to what indicators climate crime is recognized? And how criminal policymakers can identify anti-climate behaviors as crime? What criteria should be followed to identify anti-climatic behaviors and criminalize them? According to the research findings, by putting "Harm" as the center of this crime and classifying it based on the severity and occurrence of climatic harms, these harmful behaviors can be identified as a crime. The victims of this crime are countries, islands, humans, the environment, animals, etc. Therefore, climate victims are clarified in the light of the "Harm-Oriented" index and the range of climate victims is developed with a focus of "Ecological Justice".
Behzad Razavi Fard; MohammadTaghi RobatJazy; Golsa Omrani
Abstract
Human ahievment in industry and technology has some pros and cons. One of these ahievements is social networks. They make it possible to come into contact with each other, share interests, be familiar with other cultures, convictions and religions, and make accessible a wide variety of information. But ...
Read More
Human ahievment in industry and technology has some pros and cons. One of these ahievements is social networks. They make it possible to come into contact with each other, share interests, be familiar with other cultures, convictions and religions, and make accessible a wide variety of information. But beside aforementioned advantages, there may be some disadvantages including privacy invasion, put at risk the familial relations, disloyalty between couples, and sexual victimization. The sexual victimization refers to process of victimization in the course of information and communication technology development and utilization. This crime could be committed by sexual harassment, blackmail and pornography. The recognition of factors creating these harms in either social or familial level and in social networks is necessary in order to control the sexual harms and identify the victims so as to be protected. In this research, social prevention of sexual victimization is studied. This kind of prevention tends to improve economic, cultural and social circumstances that make the grounds of criminality. So the goal of social prevention is to suppress the external criminal factors. This is the case for example educational methods, employment, and help to start a family. On the other side there are supervisory means done in the situational prevention. Moreover, there are new management means including smart management software organizing cyberspace utilized by children and youth.
Criminal Law
Ataollah Roudgar kouhpar; behzad Razavii fard
Abstract
Ataollah RudgarAbstract:Combating crime, denying the offenders of proceeds and incomes, compensating for damages and restoring criminal assets to the legitimate owner, requires close cooperation between countries. Meanwhile, there are numerous political, economic, social, legal and even technical factors ...
Read More
Ataollah RudgarAbstract:Combating crime, denying the offenders of proceeds and incomes, compensating for damages and restoring criminal assets to the legitimate owner, requires close cooperation between countries. Meanwhile, there are numerous political, economic, social, legal and even technical factors that prevent them from achieving these goals. But the importance of co-operation between countries and the need to confront crime offenders and international obligations of countries requires that these factors do not prevent cooperation. In this regard, countries, with due regard to the necessity of the matter and in accordance with the recommendations of international instruments, in order to motivate for active participation of States and organizations in the process of prosecution and cooperation for the seizure and extradition of property derived from crime, by ratification Internal laws, the establishment of bilateral and case agreements, and practical procedures created new rules ,named »fair sharing of property and proceeds from crime«. To each of them, in proportion to their participation in the operation, they split a percentage of the confiscated property, which has been effective in practice as a new strategy for cooperation between countries, and so far billions of dollars in cash and property and proceeds which are driven from the crime, Had been taken from the offender of the offense and was returned to the legitimate owners or shared between the parties who have collaborated, which has also been very effective in countering offenses, in particular the prevention of corruption in the governorates.
Behzad Razavifard; seyyed neamat allah mousavi
Abstract
Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, ...
Read More
Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, as cybercrime is not committed in a physical space, determination of competent jurisdiction is demanding. In order to determine cybercrime jurisdiction, two kinds of criteria are taken into account: one is criminal jurisdiction based on classic rules and another is based on cybercrime’s characteristics. Therefore, it is possible to determine competent jurisdiction regarding those criteria, however, in some cases like that the accused is abroad or crime is committed in that way, there is obstacle with internal competent jurisdiction. Strategically, it is seriously required to take into account international cooperation in order to realize criminal jurisdiction.
Behzad Razavi Fard; Hossein Moradgholi; Sirous Zarghami
Abstract
"Khunsolh" or "Khunbas" is an unofficial procedure to solve criminal matters that is common in Kurd people of Kermansha. This customary and non-criminal procedure is used to solve disputes resulting from murder. In this paper, we have done a filed study about the acceptability of murderer in society ...
Read More
"Khunsolh" or "Khunbas" is an unofficial procedure to solve criminal matters that is common in Kurd people of Kermansha. This customary and non-criminal procedure is used to solve disputes resulting from murder. In this paper, we have done a filed study about the acceptability of murderer in society after the Khunsolh from the viewpoints of three groups: murderer's family, victim's family and elderly people of the concerned society. Findings show that Khunsolh has been successful in resolving the conflicts and restoring peace to harmed society. The murderer comes back to society and is accepted as an ordinary member of that society. So we can say that Khunsolh has a restorative function.
Criminal Law
Behzad Razavifard
Volume 70, Issue 55 , June 2006, , Pages 39-74
Abstract
The fate of the Hodoud in the Time of the Twelfth Imam Absence has always been a concern among the recent and precedent Islamic Jurisprudents. From the theological standpoint, if one considers the Imam Absence an emergent situation, the Hodoud will not enforced and the Islamic Velayat of ...
Read More
The fate of the Hodoud in the Time of the Twelfth Imam Absence has always been a concern among the recent and precedent Islamic Jurisprudents. From the theological standpoint, if one considers the Imam Absence an emergent situation, the Hodoud will not enforced and the Islamic Velayat of the Jurisprudents will obviated. If one regards the Absence as an expedient policy, however, the Hodoud could not be obviated. Therefore, some seemingly pursue the complete formation of the Islamic society as a part of the important governmental commands (a maximum perspective). Others intend to safeguard the society against the mischief and evils through supporting the enforcement of the punishments as well as considering the principle of social justice.
Behzad Razavi Fard
Volume 67, Issue 44 , September 2003, , Pages 69-88
