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.
Criminal Law
Sepideh Mirmajidi
Abstract
In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative ...
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In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative measures in various legal, social, cultural, and economic contexts, without being limited to an ideal pattern, procedure, or process.So, the desirability of a restorative justice program does not depend on a particular model, but on having features that can bring restorative interventions as close as possible to the goals and outcomes of restorative justice. Accordingly, this article, which is qualitative in nature and descriptive-analytical in method, addresses two main issues: First. What are the characteristics of a desirable model of restorative justice; desirability in terms of the extent to which the most restorative goals and values are achieved, regardless of the model of restorative justice and second. using the method of interviewing twenty judges of criminal court (1) in a Tehran province and thirty victims of sexual violence (both men and women), also addresses this issue that if a judge's restorative interpretations are to be one step away from the status quo in cases of sexual violence and contain more and more features necessary to achieve the most restorative values, then what is the procedure? The result of the research shows that "using trained actors of restorative justice in criminal courts", in the current conditions of the Iranian criminal justice system, is a procedure that can represents the most number of features of a desirable model in these cases.
Criminal Law
soodabeh Rezvani; Maryam Ghanizade
Abstract
Violence against women is an ancient and rather widespread phenomenon in all societies. More than the high rate of different sorts of physical, mental, sexual and economic violence against women, the crucial issues which demand women's support are the black figure of violence, the necessity of family ...
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Violence against women is an ancient and rather widespread phenomenon in all societies. More than the high rate of different sorts of physical, mental, sexual and economic violence against women, the crucial issues which demand women's support are the black figure of violence, the necessity of family member's support and violated women's treatment in order to prevent its repetition. Nowadays, regardless of the need or no need for social-based intervention, various attempts have been made to protect women at the risk of domestic violence or violated ones, by governmental organizations and NGOs. Designing "safe house" is a sample for protection. The fundamental role of safe houses in the protection of these women by presenting long and short- terms supports has not already been under the spotlight of scholars. Hence, the authors in this paper firstly have discussed the background and the features of safe houses in the countries such as Canada, USA, etc. In the second step, different responsible people in the governmental and non-governmental safe houses in the city of Tehran have been interviewed and their safety instructions are analyzed. The third step is to consider the supportive characteristics of these houses and their challenges such as the lack of physical space and the professional staff, low budget, etc. The findings emphasize the importance of safe houses in Iran, enhancing their situation by means of inclusive education, public awareness and all parts of the society's supports to present qualified programs in legal, psychological, medical, etc. aspects.
Alireza Mirkamali; Nazanin Hajizadeh
Abstract
According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining ...
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According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining the government's responsibility in this regard, imposing these costs on the victim is not compatible with these criteria. In this regard, the right to unrestricted access to the criminal justice system and the judiciary is one of the fundamental rights of the victim and should be considered seriously. The right to fair trial standards is mentioned in international documents such as European Convention on the Compensation of Victims of Violent Crimes and European Convention on Human Rights. Therefore, the imposition of the costs of the proceedings on the victim is one of the most important obstacles to access to criminal justice, it is not correct and is by no means consistent with various theories about the function of the state sovereignty is this area.
Mohammad Hossein Ramazani Ghavamabadi
Abstract
Multiple functions of NGOs have caused state actors in national and international arena could not easily ignore their presence. Following the ratification of Code of Criminal Procedure in 2015, legislature made it possible, in article 66, for NGOs to take part in criminal proceedings to promote the interests ...
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Multiple functions of NGOs have caused state actors in national and international arena could not easily ignore their presence. Following the ratification of Code of Criminal Procedure in 2015, legislature made it possible, in article 66, for NGOs to take part in criminal proceedings to promote the interests of vulnerable groups and also play an important role in victimless crimes. According to the first version of this article, NGOs could participate in different steps of criminal process, from complaint to appeal. Unfortunately, in the subsequent modification of the Code, the role of NGOs in appeal was denied. This modification, besides to the necessity of the NGO to be qualified by the head of the Judiciary, had negative effect on the role of NGOs in criminal proceedings. One of these negative points, discretion of Judiciary's head to qualify the NGOs, was modified by an act in 2016. But the other one, inability of the NGOs to appeal, still exists.
In this paper, we will discuss the basics, requirements and the ways of the participation of NGOs in criminal proceedings, as provided by Iranian legislature.
Nafise Shooshinasab; Abbas Mirshekari
Abstract
In this research we have tried to investigate if the victim’s predisposition would influence civil liability of tortfeasor. In exact words “Predisposition” means the unusual physical situation of the victim before damages are incurred to him. Sometimes the tortfeasor intensify victim’s ...
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In this research we have tried to investigate if the victim’s predisposition would influence civil liability of tortfeasor. In exact words “Predisposition” means the unusual physical situation of the victim before damages are incurred to him. Sometimes the tortfeasor intensify victim’s unusual situation and sometimes he changes the nature of his disability. We reached to a conclusion according to which, except causing perfect blindness which is effective in intensifying tortfeasor’s liability, in other situations, predisposition is effective in reducing tortfeasor’s liability. As a result, we should suffice to strict interpretation in the case of blindness.
Hojjat Sabzevarinezhad
Abstract
The victim is one of important elements of crime and a critical factor of determining punishment in criminal systems. Victim’s characteristics have always been noticed. Despite the assertion of laws and claims of executors of criminal justice on equality of people against the law, today victim’s ...
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The victim is one of important elements of crime and a critical factor of determining punishment in criminal systems. Victim’s characteristics have always been noticed. Despite the assertion of laws and claims of executors of criminal justice on equality of people against the law, today victim’s religion and race is a fundamental factor in determining punishments in criminal laws and the procedure of criminal justice executors. These characteristics have acted sometimes to mitigate and sometimes to aggravate the punishment. This paper has tried to study the role of victim’s religion and race in determining punishment by looking at criminal laws and legal procedures in Iran and England.
