Criminal Law
Mostafa Jafari; Hassan Alipour
Abstract
The municipality, as a prominent item of the public law legal person, sometimes on one hand violates the provisions of urban planning by granting licenses, causes the structure of high buildings and the stabilization of air pollution, and on the other hand, as one of the institutions that is obliged ...
Read More
The municipality, as a prominent item of the public law legal person, sometimes on one hand violates the provisions of urban planning by granting licenses, causes the structure of high buildings and the stabilization of air pollution, and on the other hand, as one of the institutions that is obliged to prevent air pollution, with Failure to perform its legal duties will cause and intensify air pollution. Air pollution is one of the main causes of physical injuries (crimes) in Iran. The position of the municipality as a responsible and punishable perpetrator of air pollution crimes depends on establishing a longitudinal link between the conduct of the crime, criminal liability, and ultimately the penal punishment. The municipality, both as a representative and as an activity, shows its behavior in its act and omission form in the perpetration and causation figure in creating air pollution and for this reason, there is no difference between the behavior of a municipality as a legal entity and the behavior of a natural person. However, knowing the municipality as a criminal has two conditions: First, creating a reference relationship between crime and air pollution and then air pollution with municipal action. Second, the existence of elements of criminal responsibility of legal entities. In the absence of any of these two conditions, the behavior of the municipality has no responsibility. Using library sources and descriptive analytical method, this article has come to the conclusion that the criminal responsibility of the municipality for crimes caused by air pollution is possible with the sum of the two aforementioned conditions in Iran's criminal system. The judicial procedure should take a fundamental and innovative approach in order to hold the municipality responsible for its actions within the scope of the municipality's powers and duties.
Criminal Law
Sadegh Tabrizi; Hassan Alipour; Mohammadreza Elahi Manesh
Abstract
Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. ...
Read More
Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. The connection between the two forms the computer platform and the sphere of information and communication technology, and the principle of proportionality should be interpreted according to this feature. The principle of proportionality in data seizure means balancing the four elements of the need for seizure, the importance of the data and the system, the relationship of the data or system to the crime, and the relationship of the data or system to the data and other systems. The present article, using library resources and judicial decisions, has tried to show in a descriptive and analytical way that the appropriateness of confiscating data and systems is comparable to confiscating the platform of activity and not confiscating property or documents and has reached this conclusion. The appropriateness of confiscating data and computer systems relies In addition to relying on approaches based on the requirements of traditional space, such as the application of precautionary measures to respect the rights of society and the victim and the requirements of cyberspace Like understanding the place of computer exchange space in today's activities, she has also paid attention to protecting the rights of the accused.
Hassan Alipour; Mohammad Yekrangi
Abstract
Confronting with Cyber-crime has strong relationship with all preventative and non- preventative measures. A Non-preventive measure, that is related to criminal law, consists of criminalization, imposing liability and sentencing. The preventative measures, however, include social and technical measures ...
Read More
Confronting with Cyber-crime has strong relationship with all preventative and non- preventative measures. A Non-preventive measure, that is related to criminal law, consists of criminalization, imposing liability and sentencing. The preventative measures, however, include social and technical measures that impose on the situation or potential criminals. All these measures should obey two fundamental rules: first, it should be compatible with norm of society and bring the security; second, should not in contradiction with individual liberties. Intense concentration of just the security, with pay attention to cyber-crime, will result in infringement of individual liberties and Sole considering the individual liberties, with pay more attention to cyber-criminal, will decrease the security. Neither security-approach nor liberty-approach is compatible with Constitution. This paper, try to reconciliation of these two approaches in the light of Constitution rights in confronting with the cyber-crime.