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
samira ahmadiyanmoghaddam; abbas samavati; farid mohseni
Abstract
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children ...
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There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children from deviance, warning, order to pray, enjoining right and forbidding evil, and the patience of the parents in performing these tasks in a completely fluent and practical way.
In this research, using the descriptive-analytical method, while expressing a set of parents' duties including their acts or omissions based on law; Islamic Jurisprudence and teachings, the types of incentive and/or deterrent sanctions and punishments are explained. Important and valuable steps have been taken in the protection of children and adolescents such as: passing the Law on the Protection of Children and Adolescents (2019), Anticipating regulations that refer to some of the basic principles of the Convention on the Rights of the Child, including the right to life, participation, and protection of people under 18 years, Anticipating the duty of providing information for the organs, government institutions and media about the rights of children and adolescents, attracting the attention of citizens and activists in the field of children and adolescents rights and pointing out negligence towards children and its criminalization and anticipating provisions that refer to some of the basic rules contained in the Convention, including the prohibition of torture and identification of legal personality.
the lack of provisions related to gender issues and discrimination, as well as immunity for parents who violate children's rights or the exemption of parents from certain punishments due to the Article 9 of this law regarding the commission of some negligent crimes against children; are among the loopholes of this law.
Criminal Law
Mehrdad Rahnavard Vaqef; Seyed Doraid Mousavi Mojab; mohammad farajiha
Abstract
Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational ...
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Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational behavior? The culture of prisons may contain the resolution to this query. The boundary between rational and irrational conduct is drawn by prison culture. The main questions of the article are, what’s the role of culture in regulating violence in prisons and how does culture influence escalation of violence? These are the questions the current article seeks to answer to them. To answer the questions of the article, qualitative methods and specifically in-depth interviews with 15 prisoners of three prisons in one of the northern provinces of the country (Iran) have been used. The findings of the research show that the cultural assumptions reproduced in the prison culture, as a whole, lead to the formation of the mentality of seeking immunity through resorting to violence. Prisoners develop the cultural understanding that they have to resort to violence in order not to be victimized inside the prison. Prisoners who are known as hard (tough) prisoners are considered to be prisoners who show the strongest reaction to the slightest disrespect, and if they are assaulted, they not only resist well, but also they will definitely take revenge for the assault. The mentioned prisoners, see every dispute as a vital battle to determine the winner, and from their view point, the outcome of this battle has a great impact on whether or not they will be injured in the future. Also, in any quarrel, the hard prisoner considers resorting to violence as the first option to resolve the conflict
Criminal Law
Alimorad Heydari
Abstract
Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in ...
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Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in most legal systems.In Iran, all kinds of sexual abuse of children, especially the newly emerging form of virtual sex -It means communicating in cyberspace with the aim of sexual harassment or sexual contact with minors -, are criminalized in Article 10 of the Law on the Protection of Children and Adolescents.The research method is descriptive-analytical (library study), and this writing is done with the critical analysis and pathology of the legal regulations in the light of the implementation challenges of these regulations.The findings of the research show that the challenges of the legislative policy regarding the virtual child, on the one hand, are caused by the conceptual and thematic ambiguities and intra-textual and extra-textual problems of paragraph 9, article 10 of the Law on the Protection of Children and Adolescents, and on the other hand, the use of reconciliation mechanisms based on the degree of crime - such as postponement, alternative punishment, amnesty, etc. - will result in the ineffectiveness of the legislative penal policy in dealing with this phenomenon.Based on this, in this article, legal ambiguities, legal problems, and the use of arbitrary institutions are examined, and the quantitative and qualitative correction of legal punishment, filing of character files and pathological attitude to open children are suggested.
Criminal Law
MohammadAli Kazemnazari; firooz mahmoodi
Abstract
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation ...
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Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.
Criminal Law
Shirindokht Pirouzanfard; Mohammad Jfar Habibzadeh; Seyed Doraid Mousavi Mojab
Abstract
The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase ...
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The agreement of the governments in the Millennium Declaration of the United Nations in 2000 to eliminate poverty, hunger and provide housing for the citizens and choosing October 10th since 1986 as "World Homelessness Day" by the "Human Settlement Program" The United Nations is well aware that the increase in the number of homeless people as a social harm has made governments struggle. Homeless people face criminal interventions and coercive responses due to disrupting order and security and creating fear among citizens and as violators of social norms. Criminalization of homelessness and criminalization of some inevitable and vital actions of the homeless, such as pitching tents, sleeping and urinating in public places, roadblocks, etc., which ultimately lead to their collection, fines, imprisonment, hospitalization Compulsory and other coercive measures are considered to be one of the most important manifestations of criminal intervention in the field of homelessness. In addition to reactive and repressive measures, resorting to welfare policies, support, preventive measures and non-criminal interventions in dealing with homelessness is also important.This article tries to express criminal and non-criminal approaches to homelessness and evaluate the effectiveness of these interventions. The results of the research indicate that the punishment of the homeless and the use of punitive and repressive methods as well as the preventive and corrective methods of clinical criminology have not been effective. On the other hand, treatment-oriented and problem-solving approaches with the close cooperation of the judicial and treatment systems, as well as mixing punishment and treatment, prevent the cycle of repeating homelessness.
Criminal Law
saeed ghaedi; fazlolah foroughi
Abstract
Unlike other legal units in Iran's judicial system, there is no single criminal policy regarding the general aspect of intentional homicide .The confusion resulting from the legislative criminal policy and its dual approaches have challenged the judicial procedure. The victim's right to determine the ...
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Unlike other legal units in Iran's judicial system, there is no single criminal policy regarding the general aspect of intentional homicide .The confusion resulting from the legislative criminal policy and its dual approaches have challenged the judicial procedure. The victim's right to determine the punishment in intentional homicide and the predominance ofits private aspect has pushed its public aspect to the sidelines in such a way that in theprosecution and investigation decisions in the prosecutor's office and the criminal court one،often focuses on the private aspect of intentional homicide and demanding retribution has beennoted. And in cases where an action or punishment is determined in terms of the general aspect, in the way of criminal investigation, settlement, issuing judgment and the principles governing them, there are problems in terms of observing the principles of fair proceedings, the defense rights of the accused and the rights of the society.The current research has attempted to enumerate the challenges in the judicial procedure by using analytical-descriptive and collecting the desired information in the library method and relying on the cases of intentional homicide in the criminal justice system of Iran . And while emphasizing the necessity of concrete criminal policy in order to Key protect the rights of the society, it is to explain the duality of the deterministic system and its role in the formation of the existing judicial procedure through the expression of its effects and solutions to overcome the existing situation. Until the adoption of an integrated legal policy with an approach based on fair proceedings .
Criminal Law
hosein mirzabeigi; daryosh bostani; Baqer Shamloo
Abstract
Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity ...
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Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity in rehabilitation of young offenders,while taking into scientific consideration such institutions,it is required to analyze the challenges they are facing.the present research aims to recognize and identify the treatment approach and correctional and rehabilitation policy of House of Correction in rehabilitation of young offenders.The methodology of the present research is based on qualitative method of grounded theory.Thirty teenagers based in Kerman Province Young Offenders Institution constitute the sample size of this research.To select the participants for this research,purposeful sampling method and maximum variation and theoretical saturation criterion were used.Upon,analyzing the data was resulted to creation of seven categories as follows:obligatory education,garrison space,being away from family,feeling prejudice and inequality,recreating rudeness,lack of supervising after exit and learning of criminality.the findings indicate that the plans and initiatives to keep and protect young offenders are far away from modern scientific approaches and adapting restrict protection policy,with no consideration to the needs of such kids and young offenders and providing required protections after leaving the institution and ignoring correctional and educational approaches,by no means can be resulted to rehabilitation and recovering the personality of young offenders.It is recommended that a map which specially focuses on modern approaches to restorative justice.amending and revising the articles of law related with mediationand the possibility of referring the cases associated with any crime committed by children and juveniles to merdiator to be drawn up.it is suggested that other programswhich are based on restorative justice,such as establishing rehabilitation social circles and participation of children in decision-making while focusing on keeping the best interest of the child in mind to be implemented
Criminal Law
aref khalili paji; amin ahmadi
Abstract
Considering the technical and specialized complexities of the crime of Commodity and Currency Smuggling Crimes and the diversity of the behaviors that cause them, the need to pay attention to special criminal evidence, the importance of discovering and investigating these crimes, the method and process ...
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Considering the technical and specialized complexities of the crime of Commodity and Currency Smuggling Crimes and the diversity of the behaviors that cause them, the need to pay attention to special criminal evidence, the importance of discovering and investigating these crimes, the method and process of handling and the need to restore damages to rights Government, criminal proceedings with a technical/specialist approach is an undeniable necessity and this is the differentiation of proceedings. Examining the legislative record in this area shows the determination of criminal policy makers to foresee special rules and take a step in the direction of differentiating proceedings, but the effects of this approach are scattered and dispersed in the past laws and regulations. It can be seen that with the approval of the law against smuggling of Commodity and currency, the differential approach of the legislator became more visible. In this framework, the rules related to the differentiation of Commodity and currency smuggling proceedings are categorized in three levels. first level; The rules governing the detection of crime, which shows its importance in the proceedings of smuggling of Commodity and currency, in such a way that a chapter of the law is dedicated to the provisions related to the detection of crime. second level; The rules are in charge of the preliminary investigations and proceedings, which have been paid attention to in line with the principle of specialized proceedings, and the third level; It supervises the rules governing the execution stage of the judgments, which are specifically provided for in the said law, taking into account the need to restore the damages caused to the government's rights.
Criminal Law
Hamidreza DaneshNari; Mahdieh Maali
Abstract
Religion is a collection of practical and moral beliefs and orders that are set for the guidance and advancement of humans. Due to the fact that adherence to religious teachings leads to the prevention of sin, experts believe that religion has a preventive function in social fields and in forms such ...
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Religion is a collection of practical and moral beliefs and orders that are set for the guidance and advancement of humans. Due to the fact that adherence to religious teachings leads to the prevention of sin, experts believe that religion has a preventive function in social fields and in forms such as crime and deviance. Although the relationship between religion and crime is one of the most challenging issues in criminology, criminological findings have often emphasized the preventive role of religion. However, religious-historical cuts show that in some cases, eclectic interpretations of religion lead to crime. Thus, this research aims to describe, interpret and explain the thoughts of criminals with religious eclecticism by using Fairclough's discourse analysis method. The findings of this research show that eclectic criminals, emphasizing divine duty, ideological traditionalism, holy jihad, and ideological pressure, on the one hand, seek to create Sharia discourse, and on the other hand, reproduce Sharia-based domination relations. However, as a final assessment, it should be said that eclectic criminals commit crimes by misunderstanding religion and misunderstanding religious teachings. Therefore, in these cases, the crime-causing religious ideology is the result of religious epistemological eclecticism, and this cannot negate the positive function of religion in crime prevention.
Criminal Law
mohammad akbari; Javad Sadati; Abdolreza Javan Jafari Bojnordi
Abstract
Utilizing the criminal procedure principles requires the identification of conceptual and practical aspects of it so that justice can be ensured and the abuse of power by those in authority can be prevented. Criminal procedure principles, on par with other aspects of social life, have been affected by ...
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Utilizing the criminal procedure principles requires the identification of conceptual and practical aspects of it so that justice can be ensured and the abuse of power by those in authority can be prevented. Criminal procedure principles, on par with other aspects of social life, have been affected by the reciprocity between liberty-oriented and security-oriented discourses. Hence, despite the importance of these principles and their prominence in criminal laws, the concept and instantiations of these principles remain ambiguous. Almost four decades have passed since the victory of the Islamic Revolution and in spite of the enactment of various laws, including the Criminal Procedure Code of 2013, a unified definition of these principles has not been provided. Various opinions and different judicial procedures in this area require a proper definition of the principles, along with the determination of their real instantiations. In this descriptive-analytical paper, a proper definition of procedure principles is presented, indicating that its classification into fundamental and non-fundamental categories is inaccurate and there should be one class of criminal procedure principles. Furthermore, considering the executive guarantees provided for the criminal procedure principles, and while enumerating their real instantiations, it is stated that the instances of these principles should be limited to cases that affect judicial proceedings, and not every provision can be considered as an instantiation of the aforementioned.
Criminal Law
mohsen Rahimi; majid shayeghanfard; Abbas Sheikholeslami,
Abstract
Freedom of belief and religion is one of the fundamental rights and basic principles in legal-political systems. The recognition of the right to be a religious minority and to be free to change religion One of the rights known as freedom of belief, which is one of the civil and political human rights.In ...
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Freedom of belief and religion is one of the fundamental rights and basic principles in legal-political systems. The recognition of the right to be a religious minority and to be free to change religion One of the rights known as freedom of belief, which is one of the civil and political human rights.In this article, with a descriptive-analytical approach and with a library and documentation method, we are looking to analyze the relationship between Iran's criminal laws and the citizens' right to freedom of belief and religion. For this purpose, looking at the international documents and the constitution of Iran, approaches supporting and violating the freedom of belief have been reviewed in the criminal laws of Iran.The findings of this study show that the legislator in the constitution has an overall conception of the right to freedom of belief and religion. In criminal laws, there are also cases of violating the rights of religious minority groups and using unfair discrimination against them.In the Islamic Penal Code, there are articles to protect citizens who have a religion different from the majority and prohibition of discrimination based on belief but these guarantees are not sufficient and comprehensive and do not include all minorities and There are no rights for minorities that are not mentioned in the constitution.
Criminal Law
Nasrin Tabatabai Hesari; Soroush Safizade
Abstract
Anonymous Shell Companies as a tool for economic criming such as forgery, fraud, tax evasion, money laundering, terrorist financing, etc. have become widely developed in Iranian recent years and this has not only affects the country's judicial system;But also has led to disruptions in the country's tax ...
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Anonymous Shell Companies as a tool for economic criming such as forgery, fraud, tax evasion, money laundering, terrorist financing, etc. have become widely developed in Iranian recent years and this has not only affects the country's judicial system;But also has led to disruptions in the country's tax system, the banking system, and the customs system. It has led to a decrease in public trust in the government,too. Undoubtedly, this emergence and expansion is due to the weakness of the system of observation, identification and supervision of all kinds of commercial companies and the Companies Registry System as the only organization that is specially related to the information of commercial companies can play a major role in dealing with the emergence of these companies. Therefore, this question can be raised that what problems in the Companies Registry System have caused the development of Anonymous Shell Companies and what solutions are there to solve these weaknesses.This research, with a descriptive-analytical method, based on desk researches and documentary studies, firstly identifies the concept and structure of Anonymous Shell Companies. Then the reasons for occurance and development of Anonymous Shell Companies have been investigated from the point of view of the Companies Registry System and after recognition of the registration system’s gaps in dealing with Anonymous Shell Companies, it provides solutions to solve the current problems.
Criminal Law
hasanali moazenzadegan; Amir Hosein Abedi Neyestanak
Abstract
The subject of electronic criminal trial is the execution of proceedings from the discovery of a crime to the execution of a sentence if the accused commits a crime or the issuance of an acquittal through electronic and telecommunication systems. The goals of this type of trial are to speed up the proceedings ...
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The subject of electronic criminal trial is the execution of proceedings from the discovery of a crime to the execution of a sentence if the accused commits a crime or the issuance of an acquittal through electronic and telecommunication systems. The goals of this type of trial are to speed up the proceedings in terms of its quality, to reduce the economic costs of the proceedings and the enforcement of sentences, and to achieve social distance in the event of an outbreak of the coronavirus to protect human lives.The issue of the present article is how to integrate the standards of fair trial in relation to the duties and powers of the interrogator during electronic investigations, while maintaining the confidentiality and privacy of individuals. The research method is descriptive-analytical using library resources and specialized websites.Findings of the paper in response to the challenges of this trial, such as violating the rights of the litigants through electronic notification, violation of the defendant's right to defense during interrogation and issuance of bail, indicate the possibility of interrogator actions through electronic and telecommunications systems in integrating litigation investigations are privacy and in accordance with due process. However, the parties face challenges during interrogation in terms of lack of provision and reform of electronic court infrastructure to ensure security and secure registration of data to maintain confidentiality and investigation by the interrogator and his supervision of judicial officers in police stations and offices of judicial services and lack of preparation of electronic signature. The Judiciary Statistics and Information Technology Center, with the help of the private sector, is responsible for ensuring the security of the electronic environment.
Private Law
Mohammad Sadegh Mahdavi Rad; Mahmoud Habibi; Ismail shahsavandi; Alireza MASHHADIZADEH
Abstract
Proceedings of retrial in criminal and civil cases are different, it means that in criminal matters only the convicted person, the prosecutor executing the sentence and the Attorney General of the country have the right to request the retrial proceedings in civil matters according to articles 426 to ...
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Proceedings of retrial in criminal and civil cases are different, it means that in criminal matters only the convicted person, the prosecutor executing the sentence and the Attorney General of the country have the right to request the retrial proceedings in civil matters according to articles 426 to 441 of the Iranian Civil Procedure Law; First of all, the reasons for requesting re-trail are the reasons listed in Article 426. Secondly, according to Article 441, no one except the plantiffe and their successor can request a retrial. Thirdly, the request is limited by the deadline. Fourthly, unlike in criminal matters where the request is submitted to the court and the district court prescribes a retrial, in legal matters the retrial petition is submitted to the court that issued the final judgment and the court that issues an acceptance order and retail the proceedings. The legislator of Egypt has also recognized the retrial of proceedings in criminal matters in articles 441 to 457 of the Egyptian Criminal Procedure Law and considers the purpose of the retrial of proceedings in criminal matters to prevent the judge or the court from causing losses to the accused due to a mistake in issuing a sentence. Therefore, the request for retrial by the public prosecutor's office is requested by the convicted person and in the case of the death of the convicted person by the wife or one of the relatives of the deceased, the retrial in civil matters is considered by the Egyptian legislator from articles 241 to 247 of the civil procedure law, which is often with the prescribed directions
Criminal Law
Vahid Bazvand; hosein normohamadi
Abstract
The nature of computer tools is the way it is used and the type of its function, which can be seen in two ways: active with the technical function, or passive with the dominance of deceptive human activity, enable them to play two different roles and ultimately form There are two distinct types of fraud ...
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The nature of computer tools is the way it is used and the type of its function, which can be seen in two ways: active with the technical function, or passive with the dominance of deceptive human activity, enable them to play two different roles and ultimately form There are two distinct types of fraud including classical and computer fraud. Based on this, those believe the broad interpretation, consider the mere use of a computer-based tool during the criminal's activity to be sufficient to computer fraud. On the opposite, the followers of the narrow interpretation, by presenting a logical and Conceptual interpretation of Article 741 of the Islamic Penal Code (the section on computer crimes), consider computer tools to be effective in the formation of computer fraud only in two sections: "How to use and type of operation" and "commitment situation" that qualify for special conditions during the monitoring and processing of data and the interaction of two systems at the beginning and destination, which associated with indirect human action. This research, with the method of studying official and library sources and evaluating the judicial procedure and some court decisions, succeeded in identifying and extracting three objective criteria: "a computer as an inherent characteristic of a tool with data processing capability", "the need for culpable to use the technical and active function of a tool" and finally "the virtuality of the platform from the beginning to the end of the process of creating and realizing the crime in this platform" which seems to be effective in the differential evaluation of these two forms of fraud in Similar cases. In this regard, it is suggested three criteria be applied in the form of an approved law, so that the challenge in question doesn’t lead to Division and disagreement in judicial procedure.
Criminal Law
Sina Rostami; Hamid Bahrehmand
Abstract
whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, ...
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whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, promote transparency and public trust, encourage prevention and fight against corruption, pay attention and focus on criminal policies. Participation has increased as a legal tool to encourage and support whistleblowers and strengthen whistleblowing. Iran's legal system took its first step in this field by offering financial support to whistleblowers, but its action is only based on the support aspect. Therefore, in an efficient and systematic manner, it has not been able to use the functions and capacities of the collaborative criminal policy in relation to the disclosure of corruption as it should and deserves; Because the use of collaborative criminal policy capacities requires other efficient and systematic legal measures and platforms. For this purpose, the current research, based on descriptive and analytical methods and based on library sources, concludes that the use of collaborative criminal policy capacities with the fundamental and fundamental challenge of the lack of measures and criteria for determining the scope of the whistleblower, the scope of the whistleblower, the method of whistleblowing is to protect the whistleblower, which is neglected in the mentioned plan. In this regard, the present research, while explaining and analyzing the challenges facing the legislator, in the light of the solutions adopted by other leading and pioneering countries in this field, provides measures and criteria to overcome the challenges. It helps to facilitate the legalization of corruption disclosure in Iran's legal system.
Family Law
ZAHRA REZAPOUR; mohammad farajiha; mohammad roshan
Abstract
According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal ...
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According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal justice system has been only to deal with the substantive issues of the lawsuits and apply the rule to them. Attempts to solve this problem and apply alternative views had to the proposal of a new approach under the title of problem solving with components such as rethinking the role of the judge in many countries under the common law system. The current research deals with two main issues through the aforementioned approach: First, what is the evolution of the judge's role in problem solving approach? And second, to what extent have the effects of this evolution been recognized in Iran's legal system? To answer them, the method of content analysis of legal documents and documents, including judicial cases (15 samples) in the summer of 1401, was used in the Justice Complex of Razavi Khorasan province. Also13 hearings were also observed and investigate the attitude of criminal justice authorities, 30 judicial activists and lawyers and a number of victims interviewed using the in-depth interview method. The findings of the research showed that in the approach of problem solving, in the criminal justice system of Iran, the judicial procedure of some judges, although unknowingly and unsystematically, has the characteristics of problem solving with different degrees
Criminal Law
Hamed Safaei Atashgah; Behzad Razavifard
Abstract
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors ...
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Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors that are equally or even more harmful and are committed by powerful offenders are beyond the control of the criminal law. The interaction of Corporations and States has led to the emergence of a new type of crime called "State-Corporate Crime". Today this criminal partnership has led to the global climate crisis. While the harmfulness of anti-climatic behavior is very severe and at the level of "Catastrophe"; acts and omissions such as non-adherence to climate agreements and emission of greenhouse gases (GHG), which also occur "continuously" are not criminalized in domestic and international laws. By introducing the concept of "Climate Crime" as a library study, the present work sought to answer the central question that: According to what indicators climate crime is recognized? And how criminal policymakers can identify anti-climate behaviors as crime? What criteria should be followed to identify anti-climatic behaviors and criminalize them? According to the research findings, by putting "Harm" as the center of this crime and classifying it based on the severity and occurrence of climatic harms, these harmful behaviors can be identified as a crime. The victims of this crime are countries, islands, humans, the environment, animals, etc. Therefore, climate victims are clarified in the light of the "Harm-Oriented" index and the range of climate victims is developed with a focus of "Ecological Justice".
Criminal Law
leila goli; abdolali tavajohi
Abstract
Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources ...
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Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources of the books we showed and used descriptive and analytical methods for considering criteria interfering behaviors criminalized in Alavia teachings.This research was shown that unsociable behaviors against five objectives: life, money, descent, wisdom and religion, has a reprimand ability, so interfering is necessity penal in these cases are undeniable, thus these aforesaid objectives are so essential policy, criminalization of incompatible and adverse behavior against five objects is way for reducing and controlling crimes on the light of criminalization rulers.Besides if there are other methods against crime excepting punishment, resorting to punishment is not correct and punishment has minimum use and is last way for using.
Criminal Law
ali amiri; Javadj Tahmasebi; Batool Pakzad
Abstract
In this article, "Application of the principle of equality in guaranteeing impartial criminal proceedings" has been researched by descriptive-analytical method. Examining the dimensions and angles of the principles of "equality" and "impartiality" set forth in Articles 2 and 3 of the Code of Criminal ...
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In this article, "Application of the principle of equality in guaranteeing impartial criminal proceedings" has been researched by descriptive-analytical method. Examining the dimensions and angles of the principles of "equality" and "impartiality" set forth in Articles 2 and 3 of the Code of Criminal Procedure and explaining the commonalities and differences and explaining the role of these two rituals in evaluating the performance of judges and the legislator's guarantee policy, are among the objectives of this study. Although the emphasis on the implementation of the principle of equality in the constitution indicates the privileged position of this principle in the judicial security of the country, but, the findings of the study suggest that the legislature in implementing its criminal policy, has not used all the capabilities of this important in standardizing the behavior of judges and in the face of global conventions and the strategy of the unity of international law, it has not adopted a clear strategy. The result is that, today the capability and authority of the system has the ability to technically revise the laws in accordance with the fixed and changing principles of Islam and Jafari dynamic jurisprudence and in accordance with the requirements of the time, and declare its firm position on conflicting issues. By specifying the role of the psychological element in violations and stating the prohibition of violation of the principles of equality and impartiality in different stages of the trial along with appropriate punishments, the criterion of justification of judicial rulings should also be stated and prevented the accumulation and formation of cases subject to the provisions of Article 477 of the Code of Criminal Procedure.
Criminal Law
ERFAN BABAKHAN
Abstract
The phenomenon of terrorism is spreading throughout the world. It has been particularly prevalent since the beginning of the last quarter of the twentieth century. A comparative study of national and transnational criminal policy regarding the phenomenon of terrorism confirms that the dominant perspective ...
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The phenomenon of terrorism is spreading throughout the world. It has been particularly prevalent since the beginning of the last quarter of the twentieth century. A comparative study of national and transnational criminal policy regarding the phenomenon of terrorism confirms that the dominant perspective and the governing system of criminal policies in the world, whether national or transnational, are security-oriented and have antagonist policies: thus, terrorist criminals are described as "enemies of society", "dangerous criminals" and "non-rehabilitative" and are even at the forefront of dangerous criminals. Also, they are treated based on the punitive, dissuasive, and incapacitation criminal philosophy. But it seems that the antagonist criminal policy against terrorist offenders should be reversed to establish a restorative discourse with the aim of application of restorative responses. A response to terrorism crimes should not be limited to tough penal and zero-tolerance policies. In addition to these policies and measures, promoting reintegration and rehabilitation of the perpetrators for the purpose of preventing the recidivism seems to be important and necessary. The researcher tries to defend the theory of the "possibility of restoration of anti-terrorist criminal policy" with a descriptive-analytical approach and a focus on foreign law. He introduces this theory as a necessary strategy for the legislator. The author argues that policies derived from antagonist criminal law theory are promoters of terrorism and cannot and should not become the main strategy of counter-terrorism criminal policy. Rather, the appropriate criminal strategy for dealing with terrorist crimes is to design a combined criminal policy to use a combination of restorative and criminal measures, depending on the personality and status of the terrorist offenders. In this combined approach, in parallel, it is possible to apply restorative justice programs and punitive responses to terrorist offenses at the same time. And in case of failure of the restorative response and "despairing of restorative justice", the criminal process and the punitive response can be pursued.
Criminal Law
Azadeh Sadeghi
Abstract
Policymakers, under the influence of the Drug Conventions, penalize drug crimes based on their degree of danger or harmfulness. Given the importance of this issue, by using a descriptive-analytical method and studying the regulations of drugs and psychotropic substances in the criminal justice system, ...
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Policymakers, under the influence of the Drug Conventions, penalize drug crimes based on their degree of danger or harmfulness. Given the importance of this issue, by using a descriptive-analytical method and studying the regulations of drugs and psychotropic substances in the criminal justice system, we studied the main issue dangerousness of substances and how they are scheduled. The provisions of controlled substances in the US has also been reviewed. we conclude that in the Iranian legal system, despite the phrase "other drugs or non-pharmaceutical industrial Psychotropic", there is no criteria for evaluating the dangerousness of drugs, but in the United States, the controlled substances act based on some criteria categorized the substances in five schedule. The need for classifying the substance in situations where there is no criterion for scheduling them can intensify the old fears and change the situation in favor of tighter controls, including severe penalties. This has been done in relation to some types of substances, through the Antidrug Abuse Act. Understanding the concept of "dangerousness" as a social construction, can create different possibilities in the process and the result of assessing the dangerous of drugs. The performance of decision-making authorities also intensifies this process.
Criminal Law
Morteza Arefi
Abstract
Begging as a social phenomenon and behavior. Governments' responses to this phenomenon vary, encompassing a wide range of approaches, from mere criminalization to non-criminalization.In Article 712 of the Islamic Penal Code (1996), the legislator has considered the absolute commission of this act as ...
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Begging as a social phenomenon and behavior. Governments' responses to this phenomenon vary, encompassing a wide range of approaches, from mere criminalization to non-criminalization.In Article 712 of the Islamic Penal Code (1996), the legislator has considered the absolute commission of this act as a crime. On the other hand, Criminalization, is a process based on rationality and is done by taking into account social realities. Therefore, it is necessary to examine other models to assess the position of the Iranian criminal justice system in the face of this phenomenon. Accordingly, a comparative study of the reaction of sixteen countries to this phenomenon shows that the four countries of Iran, England, Wales and Denmark have absolutely criminalized begging: Eight countries in France, Germany, Scotland, Belgium, Jordan, Singapore, Turkey and Switzerland have criminalized this behavior on the condition that it be disruptive, aggressive and abusive, and that children and vulnerable people are abused, and four countries: Sweden, Norway, Malaysia and Canada have not criminalized or decriminalized this behavior, as the case may be.
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.
