Criminal Law
majid sadeghnejad naeiny; Sakineh Khanalipour Vajargah
Abstract
Duress as one of the obstacles to criminal Liability is mentioned in Article 151 of the Islamic Penal Code. According to this article, in ta'zir, the duressor is sentenced to the punishment of the perpetrator. In Hodoud and Qesas, they are sentenced according to the relevant regulations. Although this ...
Read More
Duress as one of the obstacles to criminal Liability is mentioned in Article 151 of the Islamic Penal Code. According to this article, in ta'zir, the duressor is sentenced to the punishment of the perpetrator. In Hodoud and Qesas, they are sentenced according to the relevant regulations. Although this article refers the duressor's sentence to the relevant regulations, but nowhere in the Islamic Penal Code is this presumption mentioned and in fact the law is silent in this regard.The main question of this research is what is the punishment of a duressor in Hodoud (for example, duress another to drink intoxicants)? In this article, we will analyze lawyers' opinions and jurists' fatwas in this regard with an analytical-interpretive method.The results of the research indicate that due to the silence of the legislator in this regard and also the lack of an explicit jurisprudential text or fatwa in this regard, different approaches to punish the duressor will be conceivable. Finally, it can be consider as a accessory and be punished by article 127 of the Islamic Penal Code
Criminal Law
majid sadeghnejad naeiny; Sakineh Khanalipoor
Abstract
One of the steps in the completing of criminal behavior which is response with criminal sanction is attempting. Attempting which is the closest stage to crime is defined as a stage which if there is no obstacle, the crime will end. Response to this behavior is done by various ways. The legislature In ...
Read More
One of the steps in the completing of criminal behavior which is response with criminal sanction is attempting. Attempting which is the closest stage to crime is defined as a stage which if there is no obstacle, the crime will end. Response to this behavior is done by various ways. The legislature In the Islamic Penal Code 2013 in spite of later codes has tried to regulate the punishment of it to achieve a consistency in verdicts. Irrespective of this positive approach, sentencing in Attempting in Crime with Multiple and Discretionary Penalties are challengeable and bring about difficulties for judges. This research whit Descriptive-analytical method has implied the legislation and judicial problems of sentencing in Attempting and tried to answer to this question that how is the sentencing in Attempting in Crime with Multiple and Discretionary Penalties. In this regard, there are several ideas which all of them concentrate on a special basis. These ideas are discretion of judge approach, the Criterion the most severe punishment and Criterion the mildest punishment. Findings of this study show that according to interpretive principles and focused on current ideas, about every crime which punishment is Discretionary, the judge has this discretion in attempting too. However, for avoiding different verdicts, the nature of committed crimes and criminal policy about them must be considered.
Majid Sadeghnezhad Naeiny
Abstract
Companies or commercial enterprises have an important role in the economic development of countries. With the globalization of economy and increased number of these legal entities, the world economy in general and economic system of developing countries in particular has faced a newly-emerged phenomenon ...
Read More
Companies or commercial enterprises have an important role in the economic development of countries. With the globalization of economy and increased number of these legal entities, the world economy in general and economic system of developing countries in particular has faced a newly-emerged phenomenon called crimes of corporations or corporate crimes. Corporate crimes or crimes of commercial legal entities as well as their offenders which in recent decades have been subject to criminal law and criminal liability can be considered as the revisited concept of white-collar crimes which are classified in the area of critical criminology. It can be defined as the criminal acts of commercial enterprises which are committed in the context of the business by the collective action of the directors or officers of the enterprises. Outbreak of these crimes especially because of the increase in the quality and number of legal entities, in particular commercial enterprises, has caused researchers to get interested in extensive studies to explain the different causes of commitment of these crimes. Like any other crime, these crimes are caused by various factors such as the nature of economic system. In other words, these crimes have roots in the nature and the type of economic system. This is of great importance in the economic system of Iran in which many commercial entities are administered by the government. So there are a lot of opportunities for rent-seeking behaviors. In this essay, corporate crimes will be analyzed in the light of economic systems, and reference will also be made, where appropriate to the economic system of Iran.
