Criminal Law
afsaneh zamani jabbari; mahmood saber; mohammad farajiha
Abstract
The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose ...
Read More
The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose of this study is to provide solutions and express the necessities for overcoming these challenges. The approach of this research is qualitative-exploratory. The article concludes that the admission of an immediate trial and an interim injunction in criminal matters, the provision of an approving Supervision by the prosecutor, the inclusion of precautionary measures, and the need for periodic review can compensate for the Deficienciesof a fair trial. Determining criteria instead of defining concepts, risk assessment based on prerequisites, identifying the principle of good faith, adhering to the criteria of fitness and necessity, balancing preventive measures, and economic development are among the solutions and necessities that are provided to address other challenges. Also, in order to enrich the results, in some cases, the experience of other criminal systems has been used.
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 ...
Read More
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.
Mohammadjafar Habibzadeh; Mahmood Saber; Hossien Samie
Abstract
The demands of today's world and the Commitment of dangerous and harmful crimes by legal entities and the need for appropriate compensation for victims of damage and judicial -criminological considerations, have convinced legal systems such to accept criminal responsibility of legal entities. ...
Read More
The demands of today's world and the Commitment of dangerous and harmful crimes by legal entities and the need for appropriate compensation for victims of damage and judicial -criminological considerations, have convinced legal systems such to accept criminal responsibility of legal entities. It is clear for credit institutions including banks, as well as other legal entities under certain conditions, to be eligible for criminal responsibility. But accepting criminal liability for credit institutions as legal entities, is accompanied by this fundamental question: what are the conditions and criteria for assigning criminal liability to credit institutions as legal entities? Representing approach as a criteria for attributing criminal liability to credit institutions as legal entities, is approved by the Iranian legislature in Article 143 of the Islamic Penal Code, but due to flaws in this theory, including the difficulty of identifying responsible individuals and complicated structure of credit institutions, accepting of corporate responsibility theory is consistent with the basics of Identifying of criminal liability for credit institutions as legal entities and the principles of justice and fairness. At the same time, imposing criminal liability on the banks and credit institutions, requires that the legal representative of bank or credit union, "the" or "in the interests" of the bank or credit union as a legal person, commits a crime. The concept of legal representative of Credit Institutions, realization time of legal personality of governmental and non-governmental Credit Institutions, the Conditions of criminal liability realization, have ambiguities that critical analysis of them, is concerned with this article.
