Criminal Law
Alireza Mirkamali; Mostafa Abdollahi Neysiani
Abstract
The basis of intentional crimes is the criminal’s will. A person who does not dominate his/her behavior should not be punished legally. One’s awareness to the element and circumstances of the crime, which is usually mentioned in the legal definition of crimes and is a part of the actus reus, ...
Read More
The basis of intentional crimes is the criminal’s will. A person who does not dominate his/her behavior should not be punished legally. One’s awareness to the element and circumstances of the crime, which is usually mentioned in the legal definition of crimes and is a part of the actus reus, is not an exception to this rule. Punishing the accused is justified only when his/her awareness of the circumstances and the knowledge of the consequences is proved. These circumstances are sometimes confused with the conditions known as the "aggravating circumstances". In addition, there is a widespread disagreement about the impact of science on aggravated qualities in criminal law and doctrine. There are no specific procedures in the criminal law and doctrine regarding to the provision of a criterion for distinguishing between these two types of conditions, and the necessity of intention of the aggravating circumstances. While aggravating circumstances, and the necessity of intention may have a significant impact on criminal liability. In this article, the criteria for distinguishing between these two types of conditions is offered, in addition to noticing the suitable level of the aggravated punishment. Based on the general principles of criminal law, and according to Article 155 of the Islamic Penal Code and the judicial procedure in the United States, the necessity for intention to aggravating circumstances of crime, is strengthened for increasing criminal liability.
Alireza Mirkamali; Nazanin Hajizadeh
Abstract
According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining ...
Read More
According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining the government's responsibility in this regard, imposing these costs on the victim is not compatible with these criteria. In this regard, the right to unrestricted access to the criminal justice system and the judiciary is one of the fundamental rights of the victim and should be considered seriously. The right to fair trial standards is mentioned in international documents such as European Convention on the Compensation of Victims of Violent Crimes and European Convention on Human Rights. Therefore, the imposition of the costs of the proceedings on the victim is one of the most important obstacles to access to criminal justice, it is not correct and is by no means consistent with various theories about the function of the state sovereignty is this area.
Seyed Alireza Mir Kamali; Mohammad Mehdi Hasani; Sahar Rajabi Fard
Abstract
Tourism is an unavoidable necessity in the international relationship and negligence to this matter would cause undesirable results. Islam has looked after the good effects of tourism thus various verses of the Holy Quran and authentic speeches from the holy imams has focused on the physical and spiritual ...
Read More
Tourism is an unavoidable necessity in the international relationship and negligence to this matter would cause undesirable results. Islam has looked after the good effects of tourism thus various verses of the Holy Quran and authentic speeches from the holy imams has focused on the physical and spiritual faces of it through encouraging and commanding about going to travels and trips. Islamic jurisprudence had also determined proper rules for entrance and presence of the people of other religions by using the Quran and "Sunnah" with a look on the importance of this phenomenon. Many arguments about the presence of tourists of other religions can be presented. Whether the citizens of the other religions permitted to enter the Islamic country and inhabit in it or not? How can they transport across the Islamic country? After answering to these questions we should study the problem of their visit from holy places. In this essay, these issues had been argued in the format of three topics: "the entrance of the heathens to the Masjid-al-Haraam", "the inhabitations of heathens in Hijaz" and "the entrance of heathens to the mosques". Studying these principles and total items of their behavior in the Islamic countries is also one of the important parts of this article.
