Criminal Law
RAHIM NOBAHAR; iraj khalilzadeh
Abstract
This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find ...
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This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find the ways of conflict resolution in case of conflict in implementation of punishment. The article emphasizes that one decisive criterion for conflict resolution in implementation of punishments in Islamic jurisprudence is the priority of those relating to God’s rights over those containing people’s rights. The article has shed light on the nature of God’s rights (Hagh Allah) punishments and people rights (Hagh al-Nas) punishments and the examples of each category. The article explains evidences in favor of priority of people rights over God’s rights and criticizes the position taken by Iranian penal code over the issue. At the end, the article suggests proposals for improvement of the related articles and regulations in Iranian criminal law
Rahim Nobahar; Yazdan Seyghal
Abstract
In contemporary time, there has been a kind of discursive transformation in the penology, called Risk-Oriented penology. This paper discusses the features and strategies of this notion. With the approval of laws such as Iranian Penal Code (April 2013), Iranian Code of Criminal Procedure (June 2015) and ...
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In contemporary time, there has been a kind of discursive transformation in the penology, called Risk-Oriented penology. This paper discusses the features and strategies of this notion. With the approval of laws such as Iranian Penal Code (April 2013), Iranian Code of Criminal Procedure (June 2015) and the evolution of Penalties, this trend of penology has, indirectly, seems to entered Iranian criminal law system. It is therefore desirable to be considered in a strategic manner. Risk penology focuses more on addressing the risk of potential offenders and the probability of recidivism through emphasizing the risk of offenders as well as managerial strategies. Indeed, while traditional penology emphasizes crime, as well as clinical and rehabilitative attitudes to determine a criminal response, in risk oriented penology the principle of certainty in the determination of crimes and punishments, loses its significance. Moreover, in this new approach of penology, assessment tools are widely used to exclude and incapacitate the risky offenders, and generally speaking, control, manage and reduce the risk. In Risk-oriented penology, however, enough emphasis is placed on the rationality in determining punishment, programming along with principles such as the principle of precaution in addressing risk.
Rahim Nobahar; Fatemeh Safari
Abstract
In many cases the main aim of criminalization is to protect the interests of the victims. Ignoring some qualifications in criminalization, however, may result in harm to the victims. This article argues that every single case of criminalization should pass through the filter of the victim’s interest ...
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In many cases the main aim of criminalization is to protect the interests of the victims. Ignoring some qualifications in criminalization, however, may result in harm to the victims. This article argues that every single case of criminalization should pass through the filter of the victim’s interest and expediency. Moreover, in the qualifications of criminalization the victim’s interest should be observed. The victim’s best interest in some cases requires that the lodging of a complaint and its remission to be the victim’s decision and in his/her hand. The qualification of criminalization should also protect the privacy of the victim and his/her confidentiality. The benefits of different kinds of victims, like children and the mentally ills, are not necessarily identical and therefore they may need different types of protection. Refereeing to some kinds of these differences and diversities, the article suggests that the benefits of different classes of victims should be observed in detail and precisely. The article also mentions some defects of the Iranian criminal law system along with some suggestions for improvement of the situation.
