Criminal Law
Amin Fallah; hasan hajitabar firozjaee
Abstract
The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary ...
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The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary investigation of crimes of persons aged 15 to 18 years Shamsi, with the exception of crimes against chastity, has considered the 7th and 8th degree ta'zir crimes under the jurisdiction of a branch of the city's Public and Revolutionary Prosecutor's Office as the Special Juvenile Court. However, according to Article 315 of this law, crimes subject to the jurisdiction of the First Criminal Court, as well as the Revolution, in cases that are tried by multiple judges, if committed by adults under the age of 18, a special juvenile criminal court will try them. شد. However, this law is ambiguous in terms of competent authorities for conducting preliminary investigations and prosecuting crimes under Article 302 committed by minors and adults under 15 years of age. The authors, in this article, based on the legal standards and general principles of criminal law, come to this conclusion. It was concluded that in the case of persons under the age of fifteen, if the person is a minor, the preliminary investigation and trial of public crimes or revolution covered by Article 302 of this law will be carried out by the juvenile court, but if the perpetrator is under the age of 15, the reference Preliminary investigation and trial, the criminal court is a special case for juvenile delinquency.
Hosein Mir Mohammad Sadeghi; eslam rajabali
Abstract
One of the present main legal, social and economic problems of the country which has turned into a government’s and the judiciary’s concern is the phenomenon of Speculation. This phenomenon is important both economically and environmentally which is required to be dealt with by criminal law–as ...
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One of the present main legal, social and economic problems of the country which has turned into a government’s and the judiciary’s concern is the phenomenon of Speculation. This phenomenon is important both economically and environmentally which is required to be dealt with by criminal law–as preserving the main values in the society. Such an approach will necessitate the proactive (preventive) and reactive (punitive) measures and requires a detailed understanding of this phenomenon, its extent and methods used in its analysis. Once we intend to deal with this phenomenon, we will encounter various significant gaps and vacuums such as lack of clear definition, lack of clear domain, and eventually lack of specific criminal measure regarding the many acts done by the speculators. Also through scrutinizing the existing rules and regulations relevant to the public and state lands, we come to understanding that not only our existing law cannot prevent this phenomenon, but also in some cases, the law aggravates and propagates such a phenomenon. Also because speculation is mostly done by those white collar offenders who are influential in the society and have the political, social, economic relations , such contradictory laws and their pores make easier for those people to do so. So, the first step in dealing with this phenomenon is eliminating regulatory gaps and enacting comprehensive laws which preserve the natural and national resources of the country.
Mohammad Jafar Habibzadeh; Mohsen Sharifi
Abstract
Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including ...
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Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including rehabilitation (legal, judicial and real) in order to prevent the crime repetition and to provide these actives with an open socialization process. The rehabilitation strategy which is rooted in the France Penal Law was adopted by the Iranian lawmaker in 1925, along with its defects. In 1973 the defects were nearly overcome. After the Islamic Revolution the strategy was nullified; since it was announced as non–religious by the supreme Judicial Council. Therefore, a considerable gap was appeared in the country's penal law. Then under the pressure of the positive and realistic criticisms of the lawyers and criminologists, the law maker revived the rehabilitation in 1998 as in the form of the repetitious article 62 of the Islamic Penal Law. The stance taken by the law is appreciable; however it has some essential defects. Now the Islamic Penal proposal has devoted its 25 and 26 articles (with some changes) to this problem whose comparison with the earlier regulations is the main purpose of this paper.
Mohammad Jafar Habibzade; Mohsen Sharifi; Mohammad Isaei tafreshi; Mohammad Farajiha
Abstract
For reasons including inability to impose some punishments,violating the principles of being personal punishments, not realization of punishment goal, specificity principle, constraints on procedures and most importantly, lack of guilt evidences, in negation, as well as arguments ...
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For reasons including inability to impose some punishments,violating the principles of being personal punishments, not realization of punishment goal, specificity principle, constraints on procedures and most importantly, lack of guilt evidences, in negation, as well as arguments such as justice and criminology fact, difficulty of discovering the true culprit, scrutiny of the members and stakeholders in selection of managers, reduction of punishments for freedom hampering or injury of managers and finally compensation for damages inflicted on victims in a favorite manner have been expressed in proving criminal liability of the legal entities. Counterpoint approaches impact on the legal systems was so that until the twentieth century, the legal entities' liability was put in doubt as a principle. But since the second half this century following the legal entities activity scope, especially the companies, and rise of crimes against environment, organized crimes, specifically transnational crimes, crime in the field of transportation and industry in general caused the leading countries as Canada, England, United States,Netherlands and the Europe Council to accept and regulate the criminal liability of the legal entities as a must, despite of criminal law shortcomings, through relying on theories such as vicarious liability, secondary character, employers and superiors' responsibility, collective guilt and criminal liability of the legal persons. Alnahayah the movement for criminal liability of the legal entities, made Iran to join the system; so that inability for in the first step cyber crimes 2009 in particular, and in the second step for the Islamic penal law, in general were accepted. Scrutiny in transformation of the Iranian law in this regard, specifically in the above mentioned bill has been the effort of the present paper.
Seyyed Mohammad Hosseini; Zahra Saedi; Azadeh Sadeghi
Abstract
Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, ...
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Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, crime and criminal have became understandable in the concept of risk; techniques of criminal justice systems have gone along with this changing in policy and even in some cases, new models of it have been made. Whatever has been explored in the present paper are the new developments that have occurred in this regard.
Abdollah Khodabakhshi
Abstract
When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting ...
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When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting the right and obligation, criminal law also will not interfere. To eliminate this dispute, it will be accepted the arbitrator and accept his award. This arbitrator is the “principle of criminal law independence” and his attraction and repulsion. the principle that on the one hand, prohibits excessive development of criminal law and on the other hand, to invoke the presumption of innocence irregulary. Perhaps, it will be say that the rules of contract will not follow in criminal law, even as the principle and only should be interpreted with regard to the objectives, features and special foundations of criminal law. This paper shows some results about relation between contract and criminal law.
Mohammad Hossein Ramezani Ghavamabadi
Abstract
Nowadays, the non-governmental crew shall play an important role in national and international arenas. The geographical variety of the activity area and its different performances caused that the governmental crew can not be indifference in respect of the role of these new crew. NGOs shall play role ...
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Nowadays, the non-governmental crew shall play an important role in national and international arenas. The geographical variety of the activity area and its different performances caused that the governmental crew can not be indifference in respect of the role of these new crew. NGOs shall play role in two modes of “Competitor” or “Colleague” of the governments. In subjects relating to human rights, these organizations shall act as competitor of governments, more. Whereas, in connection with issues like health, development and environment shall be regarded as colleague of governments, more. In Iranian law systems, the action role of these organizations as to the protection of the environment shall be undeniable. But, in reaction stage, there are many vacuums, yet. The suitable grounds should be provided for partnership of such crew in environmental litigation, actively. So that, they can achieve their appropriate place as a pseudo-public prosecutor in criminal proceedings.
Mansour Rahmdel
Volume 70, Issue 55 , June 2006, , Pages 75-100
Abstract
Eebts have been protected in various ways such as determining administrative, civil, and criminal sanction for their receiving. This criminal protection, however, is not in the form of the criminalization of non-payment of debt, but it is a criminal sanction (i.e., imprisonment) for receiving a civil ...
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Eebts have been protected in various ways such as determining administrative, civil, and criminal sanction for their receiving. This criminal protection, however, is not in the form of the criminalization of non-payment of debt, but it is a criminal sanction (i.e., imprisonment) for receiving a civil right. The article examines the historical process of determining criminal sanction for protection of debts in Iranian legal system.
