Criminal Law
Baqer Shamloo; aref khalili paji
Abstract
In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with ...
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In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with the expansion of the criminal environment beyond the geographical boundaries of a country, the process of globalization has accelerated the progress of this crime. The invention of virtual currencies has accelerated the process in its own way. Virtual currencies that claim to be in line with conventional currencies, are trying to break the traditional taboos of production and distribution of money by governments and provide an informal currency with user-generated capabilities. This has led to the transformation of some of the traditional criminological concepts. White-collar delinquency is one of those concepts that has evolved with the expansion of virtual space and its specific tools, as some Scholars refer to as "virtual collar crimes." After examining the dimensions of virtual white-collar crimes, this study analyzes the tendency of virtual criminals to use virtual currencies in committing delinquency according to some criminal cases.
Bagher Shamloo; Hamidreza Daneshnari
Abstract
The criminogenic corporate culture as a new concept in the domain of empirical criminology studies is rooted in organizational behavior studies. This term refers to a form of organizational culture in which crime is committed as a normal thing. Hence, the cause of crime, in some companies and industrial ...
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The criminogenic corporate culture as a new concept in the domain of empirical criminology studies is rooted in organizational behavior studies. This term refers to a form of organizational culture in which crime is committed as a normal thing. Hence, the cause of crime, in some companies and industrial spheres, is the existence of a crime culture that leads to the normative validation of illegal behavior and the incentive structure for doing these behaviors. By providing the normative guideline, companies offer permission to commit illegal and immoral behaviors under certain conditions to their practitioners and take incentives and safeguards to comply with or violate these norms. Therefore, the culture of crime is defined as an organizational and social truth, which is defined in terms of the ethical values existing in an organization that originates from underlying assumptions. This research seeks to examine the corporate culture by using the Schein organizational culture model, which consists of three layers of Artifacts, values and assumptions. The findings of this study indicate that organizational imagination and distortion of reality in the organization's visible areas are among the reasons that led to the ineffectiveness of the artifact layer in the analysis of the corporate culture of crime. Nevertheless, the underlying values and assumptions of an organization as inseparable parts of Schein's organizational culture can perfectly analyze the organizational culture of crime. Accordingly, in organizations with a mass culture, the expected behavior of the workers will be a crime, because in the core of organizational culture, committing a crime is considered as a value. Nonetheless, fundamental assumptions as unwritten value systems in an organization that identify corporate paradigms create the values of an organization.
Bagher Shamlou; Abolfazl Yousefi
Abstract
Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against ...
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Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against fundamental rights within a specific time and place in such a way that public order is disturbed sharply. Parameters of public emergency in human rights instruments are the objective or imminent threat against the life of nation. So, the possibility of a terrorist attack is considered to be the truest.
bagher shamlo; majid moradi
Abstract
There are some approaches in Criminal law changes. The first is offense-oriented, and then offender-oriented and finally victim-oriented. Offender-oriented has concentrated on protection of accused's rights in the sight of fair trial and after securing these rights relatively has trended to victim-oriented ...
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There are some approaches in Criminal law changes. The first is offense-oriented, and then offender-oriented and finally victim-oriented. Offender-oriented has concentrated on protection of accused's rights in the sight of fair trial and after securing these rights relatively has trended to victim-oriented approach. Iran criminal law system has also affected by these approaches, but it considers victim's right before securing innocent suspended, accused and convicted's rights properly. According to the weakness of Iran Jurisprudence in enforcing content of article 171 of Iran Constitutional Law and article 58 of Islamic Penal Code of Iran, 1370, this study considers and criticizes the practical process of compensation of innocence suspended and accused and its effects in present and future criminal procedure system (Criminal Procedure Act, 1392 and The Islamic Penal Code of Iran, 1392). Changes in substantive and procedural law in 1392 cause to some inconsistencies in the process of compensation of judicial victims which seems that article 30 of The Supervision on Judges' Manner has abolished.
Bagher Shamlu; Majid Moradi
Abstract
Birth of paradigm and model of Security-oriented policy in the realm of liberal criminal law after September 11, 2001, radicalism and populism about the necessity of security- oriented policies have resulted in rise of restrictions against fair- trial guarantees in some cases of delinquency and criminals. ...
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Birth of paradigm and model of Security-oriented policy in the realm of liberal criminal law after September 11, 2001, radicalism and populism about the necessity of security- oriented policies have resulted in rise of restrictions against fair- trial guarantees in some cases of delinquency and criminals. This Security- oriented approach of “non-totalitarian states” to the crime the penetration of the minds and eyes of many criminal policy makers claiming democracy has changed their dominant approaches. This shift, certainly, does not intend the disenfranchisement of legitimate rights and freedoms of citizens. It happens sometimes referring to the justification of maintaining the public order and territorial and Transterritorial security of community, and in the other words, by resorting to sort of paternal pragmatism; and sometimes, beneath the mask of such arguments In the light of the increasing rise in crime rates and booming organization of crimes both at the national and international levels as well as the birth of new forms of criminality all over the world the significance if security at both domestic and international levels has increased which has caused changes in mind of the drafters of international instruments such as the Vienna , Merida , Palermo Convention . The present article examines Considerations on the problem of Security- oriented approach and its spread over one of the new forms of criminal action i.e. money laundering- particularly in the organized form - studying its consequent restrictions over the fair trial guarantees such as reverse burden of proof in the light of security – oriented Criminal policy.
Bagher Shamlou; Majid Moradi
Abstract
Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 ...
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Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 of Tort Law have provided for compensation of victims of judicial mistakes particularly the innocent accused and convicted persons, there are some difficulties in the materialization of compensation process in Iran. The main reason of which is the lack of transparent and explicit laws on how to implement the constitutional Article in question, despite the fact that the contributors of the new Code of Criminal Procedure, in light of a heed to this legislative challenge, have attempted to surmount the problems, still the implementation of that Articleis faced with problems. This investigation, in light of making reforms or presenting a new and dynamic (judicial – legislative) interpretation of Article 171 of the Constitution as well as inspired by the provisions of the Modification Law on Compulsory Premium of Civil Liability (Tort) of Owners of Ground Motor Vehicles against Third Party (July 7, 2009), the possibility of creating the “premium of civil liability (tort) of judicial authorities”, in certain circumstances, has been analyzed as one of the approaches of attaining the maximum support of the victims of judicial mistakes.
