Criminal Law
Mehrdad Rahnavard Vaqef; Seyed Doraid Mousavi Mojab; mohammad farajiha
Abstract
Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational ...
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Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational behavior? The culture of prisons may contain the resolution to this query. The boundary between rational and irrational conduct is drawn by prison culture. The main questions of the article are, what’s the role of culture in regulating violence in prisons and how does culture influence escalation of violence? These are the questions the current article seeks to answer to them. To answer the questions of the article, qualitative methods and specifically in-depth interviews with 15 prisoners of three prisons in one of the northern provinces of the country (Iran) have been used. The findings of the research show that the cultural assumptions reproduced in the prison culture, as a whole, lead to the formation of the mentality of seeking immunity through resorting to violence. Prisoners develop the cultural understanding that they have to resort to violence in order not to be victimized inside the prison. Prisoners who are known as hard (tough) prisoners are considered to be prisoners who show the strongest reaction to the slightest disrespect, and if they are assaulted, they not only resist well, but also they will definitely take revenge for the assault. The mentioned prisoners, see every dispute as a vital battle to determine the winner, and from their view point, the outcome of this battle has a great impact on whether or not they will be injured in the future. Also, in any quarrel, the hard prisoner considers resorting to violence as the first option to resolve the conflict
Criminal Law
Shirindokht Pirouzanfard; Mohammad Jfar Habibzadeh; Seyed Doraid Mousavi Mojab
Abstract
The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase ...
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The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase in the number of homeless people as a social harm has made governments struggle. Homeless people face criminal interventions and coercive responses due to disrupting order and security and creating fear among citizens and as violators of social norms. Criminalization of homelessness and criminalization of some inevitable and vital actions of the homeless, such as pitching tents, sleeping and urinating in public places, roadblocks, etc., which ultimately lead to their collection, fines, imprisonment, hospitalization Compulsory and other coercive measures are considered to be one of the most important manifestations of criminal intervention in the field of homelessness. In addition to reactive and repressive measures, resorting to welfare policies, support, preventive measures and non-criminal interventions in dealing with homelessness is also important.This article tries to express criminal and non-criminal approaches to homelessness and evaluate the effectiveness of these interventions. The results of the research indicate that the punishment of the homeless and the use of punitive and repressive methods as well as the preventive and corrective methods of clinical criminology have not been effective. On the other hand, treatment-oriented and problem-solving approaches with the close cooperation of the judicial and treatment systems, as well as mixing punishment and treatment, prevent the cycle of repeating homelessness.
Criminal Law
Doraid Mousavi Mojab
Abstract
Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a ...
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Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a less recognized concept and in practice neglected by many writers and researchers. In the literature of Iranian criminal law and in comparison, with Western and Arab countries, the principle of good faith is not properly explained. Although the legislature has implicitly noted goodwill in some areas, including legal excuses, mitigating circumstances, and justifiable causes of committed acts, he does not explicitly refer to this concept; In addition, the criteria for identifying good faith and the criteria for recognizing it have not been clarified. According to the legal doctrine, some judicial officials pay attention to the perpetrator’s good faith while writing the verdict and are in the position of justifying the reason for modifying or changing the title of the accusation and also changing the type and amount of criminal response. In the general theory of crime, good faith finds meaning around the perpetrator's intent and reveals its effect specifically in relation to criminal guilt; in such a way that by proving the absence of malice, the person’s good faith in the status of execution or exercise of the right is defended. The research method in this article is descriptive-analytical and at the same time comparative and library tools have been used to collect subjects.
Criminal Law
Mohammad Ali Alipour; SeyedDoraid Mousavi Mojab; Seyed Basem Mavalizadeh
Abstract
Penal trial is a process which starts from crime detection and ends in a criminal conviction. In this regard, the stages of prosecution and investigation has special importance in criminal hearing. The close relationship and, in some cases, the conjunction of some detective and prosecuting procedures ...
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Penal trial is a process which starts from crime detection and ends in a criminal conviction. In this regard, the stages of prosecution and investigation has special importance in criminal hearing. The close relationship and, in some cases, the conjunction of some detective and prosecuting procedures with each other and their belonging to a prior stage of trial would in effect made their absolute separation and thus their complete independence so severe. Meanwhile discovering of the accused’s real conduct is the cornerstone of justice in respect to the other stages of judicial proceeding and hence the independence of the interrogator could be resulted in a fair trial. Comparatively studying of the independence of Interrogatory institution from that of Prosecution in both Iran and Lebanon, we may find that the principle of their independence has been recognized, though in Iran the Interrogatory authority which is placed amid the structure of Public prosecutor’s office and under the administration of the Attorney General has defected such independence that in several cases obliges the Interrogator to administratively serve under the attorney general’s authority. However, both-mentioned institutions are separated and independent in Lebanon and although the Interrogator has to acquire the Attorney General’s opinion in the process of investigation, but the ultimate decision would be independently issued by him and in case of conflict in their views the dispute would be referred to a distinct authority which may be called “Accusation Bureau” and as such the principle of independence is better guaranteed in Lebanese legal system.
Public Law
Mozhgan Nemati; Mohammad Ja’far Habibzadeh; Doraid Mousavi Mojab
Abstract
In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, ...
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In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee judicial independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly judicial independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to the parliament -especially with regard to judicial processes- while guarantee and respecting the judicial independence.
Criminal Law
afsaneh zamani jabbari; Mahmood Saber; Doraid Mousavi Mojab
Abstract
for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this ...
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for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this approach have previously been taken only on a case-by-case basis in scattered laws and regulations, until a more serious look was taken with the passage of the aforementioned article. Despite this positive action, some challenges have led to a lack of full utilization of its capabilities and capabilities. The purpose of this paper is to design a conceptual model of the existing challenges and pathologies of Article 114 of the Criminal procedure code. The approach of this research is qualitative-exploratory. The paper concludes that there are fundamental challenges in the three categories of legislative, judicial, and executive. In the legislative category, the sub-categories of Deficiencies in the principles of a fair trial (Includes Measures nature ambiguity, lack of effective judicial Supervision, the uncertainty of the scope of the measures, Non-assignment of periodic reviews), ambiguous basic concepts, the lack of basic characteristics in dangerous attainment. In the judiciary category, the sub-categories of maximum-minimum perceptions, the conflict of rights and freedoms of activities with the public interest;, and In the Executive category, the sub-categories of the lack of necessary mechanisms; The unpredictability of effective implementation strategies and economic consequences can be examined. The conceptual model of the pathology of Article 114 of Criminal procedure code is also designed and presented on this basis.
Criminal Law
ALI SALEHI; Seyed mahmoud Mirkhalil Mirkhalili; Doraid Mousavi Mojab
Abstract
Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. ...
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Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.
