Criminal Law
jalal din qiasi; abbas ghalebzadeh
Abstract
Abstract
The prank call crime refers to a new crime with a certain nature that using telephones and other telecommunication devices plays role in its formation. In some cases, the perpetrators commit other criminal acts besides prank call, like insult and threat, and in some other cases, these devices ...
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Abstract
The prank call crime refers to a new crime with a certain nature that using telephones and other telecommunication devices plays role in its formation. In some cases, the perpetrators commit other criminal acts besides prank call, like insult and threat, and in some other cases, these devices are employed just to commit the above-mentioned crimes. There are differences of opinion in distinguishing the application of the rules of multiplicity, whether material or spiritual, or not applying these rules in case of committing this crime simultaneously with other crimes like insult or threat, so that some in judicial procedure and legal doctrine consider it as “special criminal title” and with the certain criminal title of “prank call”. Others consider spiritual and group multiplicity as material multiplicity. In this condition, besides the above-mentioned cases, there is the idea of multiplicity of results; while reviewing the current arguments in judicial procedure and legal doctrine, as well as analyzing the elements of the prank call crime, insult, or threat, the authors agree to accept another approach, i.e. a combination of spiritual multiplicity (multiplicity of titles) and material multiplicity, discussed in detail in the text of the paper.
Criminal Law
jalal din qiasi
Abstract
According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It ...
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According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It means that accused must consider his victim’s voluntarily and involuntarily reaction. This rule is accepted just about by two law systems in the scope of automatic physical act and psychological reactions of victim and even on the ground of necessity or duress. But in the case of the victim’s unreasonable voluntarily reactions resulted from his or her belief, the rule has been accepted in Blaue1975, nevertheless it was subsequently interpreted differently by lawyers. In Iran law according to Islamic jurisprudence and positive law the imputation of the result to the accused in this situation is doubtful and can not be accepted.
Zahra Saedi; Jalaleddin Ghiasi
Abstract
New penology has introduced its most important product with the name of selective inacapacitation for surveillance, control and management of high risk criminal. The presumotion of this policy is the committment of most crimes by small groups of criminals who have received the lable of high risking. ...
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New penology has introduced its most important product with the name of selective inacapacitation for surveillance, control and management of high risk criminal. The presumotion of this policy is the committment of most crimes by small groups of criminals who have received the lable of high risking. This approach for achieving its goals, by using prediction tools, has proceeded to select, classify and incapacitate of this group of criminals. It is alleged that selective incapacitation has resulted in decreasing crime rates, prison populations and costs. This article is an effort to show other realities; Realities such as objectivity seeing criminal, infringing the principle of proportionality, mistaking in predicting high risk criminals and reversaling the right of autonomy have challenged the legitimacy of this policy. Reducing in crime rates, prison populations and costs as the main aspiration of this policy has not yet been occurred. In addition, the regulations of Recidivism in perspective of selective incapacitation have been investigated in new Islamic penal code.
