Criminal Law
seyyed sajjad kazemi; hamed chegini
Abstract
According to Article 217 of the Criminal Procedure Code, one of the most important purposes of issuing criminal security contracts is to "guarantee the rights of the victim and compensate him / her for damages". However, according to the explicitness of Article 690 of the Code of Criminal Procedure, ...
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According to Article 217 of the Criminal Procedure Code, one of the most important purposes of issuing criminal security contracts is to "guarantee the rights of the victim and compensate him / her for damages". However, according to the explicitness of Article 690 of the Code of Criminal Procedure, criminal security contracts for crimes of legal entities are limited to two, the use of which, unlike criminal security contracts of natural persons (Article 217), is not mandatory and "at the discretion" of the official. Judicial is assigned. In the present study, a descriptive-analytical method has been used, using library resources to critique and review criminal security agreements and judicial supervision of crimes of legal entities in order to guarantee the rights of victims. Legal appointments are not commensurate with the severity and extent of the crimes in which legal entities today engage and victimize large numbers of individuals, especially in the financial and economic spheres, and legislative reforms are in line with many countries. It provides for a variety of criminal security agreements for legal entities and has also allowed the use of other agreements, such as bail agreements. Also, in the field of judicial supervision, despite the legal ambiguity and of course against the opinion of some legal writers, it seems that some of the provisions of this contract can be used in relation to these persons in proportion to the crime committed by the legal person.
Criminal Law
Hossein Aghababaei
Abstract
In Iranian criminal law, in addition to criminalizing insults to persons, which are interpreted as simple insults In Iranian criminal law and have a private and forgivable aspect, there are several instances of insults with a general description of aggravated criminal insults. While they have more severe ...
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In Iranian criminal law, in addition to criminalizing insults to persons, which are interpreted as simple insults In Iranian criminal law and have a private and forgivable aspect, there are several instances of insults with a general description of aggravated criminal insults. While they have more severe punishments, their most important and common feature is that they have a public and unforgivable aspect, and because of this feature, regardless of the real victim's complaint, the public prosecutor, assuming he is aware of the crime or its report, is obliged to prosecute the offender and bring him to justice. According to Article 11 of the Law on Reduction of Imprisonment, approved in 2020, one of the cases of aggravated insult, i.e. insulting officials and employees while serving, is excluded from the category of unforgivable crimes and the general aspect of this crime has been removed. This legal change and the subsequent judicial procedure, from the perspective of structural coordination and efficiency of criminal policy regarding the crime of insulting the authorities, have created questions and challenges that have been addressed in this study through analytical and interpretive methods. In this study, by examining the challenges arising from the deprivation of the public aspect of the crime of insulting the authorities, it is proposed to amend the law or provide a favourable judicial interpretation to resolve the problems.
Criminal Law
Mostafa Jafari; Hassan Alipour
Abstract
The municipality, as a prominent item of the public law legal person, sometimes on one hand violates the provisions of urban planning by granting licenses, causes the structure of high buildings and the stabilization of air pollution, and on the other hand, as one of the institutions that is obliged ...
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The municipality, as a prominent item of the public law legal person, sometimes on one hand violates the provisions of urban planning by granting licenses, causes the structure of high buildings and the stabilization of air pollution, and on the other hand, as one of the institutions that is obliged to prevent air pollution, with Failure to perform its legal duties will cause and intensify air pollution. Air pollution is one of the main causes of physical injuries (crimes) in Iran. The position of the municipality as a responsible and punishable perpetrator of air pollution crimes depends on establishing a longitudinal link between the conduct of the crime, criminal liability, and ultimately the penal punishment. The municipality, both as a representative and as an activity, shows its behavior in its act and omission form in the perpetration and causation figure in creating air pollution and for this reason, there is no difference between the behavior of a municipality as a legal entity and the behavior of a natural person. However, knowing the municipality as a criminal has two conditions: First, creating a reference relationship between crime and air pollution and then air pollution with municipal action. Second, the existence of elements of criminal responsibility of legal entities. In the absence of any of these two conditions, the behavior of the municipality has no responsibility. Using library sources and descriptive analytical method, this article has come to the conclusion that the criminal responsibility of the municipality for crimes caused by air pollution is possible with the sum of the two aforementioned conditions in Iran's criminal system. The judicial procedure should take a fundamental and innovative approach in order to hold the municipality responsible for its actions within the scope of the municipality's powers and duties.
Criminal Law
Omid Rostami Ghazani; Mohsen Rahmani Fard
Abstract
Given the importance of the offence of smuggling of goods and currency, the legislature has taken a strictly differential approach to this offence, but in some cases, the legislature has taken a more differential approach to some instances of this offence. Organized smuggling of goods and currency is ...
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Given the importance of the offence of smuggling of goods and currency, the legislature has taken a strictly differential approach to this offence, but in some cases, the legislature has taken a more differential approach to some instances of this offence. Organized smuggling of goods and currency is one of them. With a descriptive and analytical approach, this article seeks to identify the concept of organized smuggling and then the measures taken by the legislature to combat it and the challenges in front. In the Law of Combat Against Smuggling of Goods and Currency, for the first time, the legislator introduced the concept of organized smuggling of goods and currency to the Iranian legal literature and, with the aim of a strict response, envisaged differential substantive and formal measures, such as: Absolute criminalization of this behavior, intensification of punishment of organized members and leaders of the organized group, the anticipation of jurisdiction for the Revolutionary Court, identification of special discoverer organizations and provision of special powers and duties for them. Despite the large volume of smuggling in the country for reasons such as the narrow interpretation of the offence of smuggling of goods and currency from the Supreme Court, the lack of familiarity with the characteristics and criteria for detecting organized smuggling and the haste of attending authorities of smuggling of goods and currency, in practice, many detected smuggling cases are considered normally.
Criminal Law
Payam Forouzandeh; Farid Mohseni
Abstract
After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of ...
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After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of the Code of Criminal Procedure sets out the items that should be inserted in the indictment. Clause "c" of this article states the accused criminal record as one of the items of indictment. However, the judge of the court will need the accused criminal record when he finds him guilty and wants to determine the appropriate punishment for him. While the accused may be acquitted in court and there is no need to determine a punishment for him at all. In this article, with a descriptive method, while reviewing the possible foundations of the mentioned legislative sentence, it will be explained that because there is no need to inform the judge about the accused criminal record before proving his guilt, inserting that in the indictment and consequently informing the judge from that is contrary to the principle of prohibition of espionage and may violate his privacy. In addition, the judge's knowledge of the accused criminal record before he or she is found guilty also damages the fair trial process and creates a negative prejudice in the mind of the judge, which can violate the presumption of innocence and the judge’s mental impartiality. At the end, we will provide some suggestions for fixing these problems.
Criminal Law
MirReza Salimi; rajab goldoost jooybari
Abstract
Advances in science and technology have created amazing developments in the field of evidence to prove criminal cases so that in parallel with the traditional evidence, a range of new evidence has emerged, all of which are effective in discovering the truth and obtaining the satisfaction of the judicial ...
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Advances in science and technology have created amazing developments in the field of evidence to prove criminal cases so that in parallel with the traditional evidence, a range of new evidence has emerged, all of which are effective in discovering the truth and obtaining the satisfaction of the judicial authority and making a fair and just decision on his part. Among these arguments, the use of polygraphy has become common in some legal systems, which can be effective in determining the truth or falsity of the speech of each of the actors in the litigation process. Relying on this technique, the legal systems have opposed it by claiming to protect the rights of the accused and have considered its use in conflict with some rights and the principles justifying those rights. They claim that polygraphy conflicts with the defendant's right to silence, inherent dignity and psychological privacy, while first of all, performing polygraphy is subject to the consent of the accused and the person will never be forced to undergo this test. Expressing this consent will remove the objection of ignoring the right of the accused to remain silent and interfering with his psychological privacy. On the other hand, it is not always possible to imagine a negative function for polygraphy towards the accused. Polygraphy has a dual nature; while it may be a way of convicting the accused, it may be a way of proving his innocence. Also, the need to protect the rights of society and victims of crime and the preference of public interests over the private interests of individuals requires that by standardizing polygraphy as a sound scientific reason and its implementation by experts to the most important goal of the criminal process is the establishment Justice is achieved.
Criminal Law
Doraid Mousavi Mojab
Abstract
Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a ...
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Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a less recognized concept and in practice neglected by many writers and researchers. In the literature of Iranian criminal law and in comparison, with Western and Arab countries, the principle of good faith is not properly explained. Although the legislature has implicitly noted goodwill in some areas, including legal excuses, mitigating circumstances, and justifiable causes of committed acts, he does not explicitly refer to this concept; In addition, the criteria for identifying good faith and the criteria for recognizing it have not been clarified. According to the legal doctrine, some judicial officials pay attention to the perpetrator’s good faith while writing the verdict and are in the position of justifying the reason for modifying or changing the title of the accusation and also changing the type and amount of criminal response. In the general theory of crime, good faith finds meaning around the perpetrator's intent and reveals its effect specifically in relation to criminal guilt; in such a way that by proving the absence of malice, the person’s good faith in the status of execution or exercise of the right is defended. The research method in this article is descriptive-analytical and at the same time comparative and library tools have been used to collect subjects.
Criminal Law
Ruhollah Akrami; mojtaba yasini nasab
Abstract
One of the interlocutory orders is the criminal bail writ with various types specified in Article 217 of the Criminal Procedure Code. According to paragraphs “a” to “g” of this article, the investigating judge shall make an agreement with the accused, obliging him/her to attend ...
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One of the interlocutory orders is the criminal bail writ with various types specified in Article 217 of the Criminal Procedure Code. According to paragraphs “a” to “g” of this article, the investigating judge shall make an agreement with the accused, obliging him/her to attend in or not to leave the designated place or to appear there periodically. Restricting an accused person who has not yet been proven guilty is against the Principle of Innocence, the Lack of Guardianship Principle (the principle that no person has any naturally vested power over any other person) and the Rule of Domination. Any violation of the mentioned principles requires a permit with special jurisprudential-legal titles, and their occurrence through orders for own recognizance (OR) release necessitates identifying their nature. To interpret the nature of these orders, theorists have put forward various doctrines such as indefinite contract, judicial action and non-contractual obligations. The existence of ambiguities in these doctrines led to the emergence of new possibilities such as declaration of damages, and compromise. The result of this desk-based descriptive-analytical study indicates that the orders for OR release are, by nature, the guardianship ordinance considering the hierarchy in the appointment of officials, and the penalty clause for them is ta'ziri (at the discretion of the judge), imposed by the Islamic ruler on the accused person who violates the ordinance.
Criminal Law
eshagh rasuli amirhajlu; Shahram Ebrahimi; fazl allah forughi
Abstract
Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, ...
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Criminologists have long used every opportunity to warn criminal policymakers about the adverse health, criminological, moral and social consequences of incarceration. However, considering the abovementioned costs and adverse effects in Iran’s judicial system, decarceration has been given priority, especially for minor crimes and criminals without a criminal record; but its implementation in practice faces several judicial and operational challenges. In this paper, the judicial and operational challenges of decarceration are examined in light of court rulings, using an analytical-descriptive method. The obtained findings indicate that the most important identified challenges are the frequency of criminal cases, sustainable incarceration-oriented culture among judges, lack of proper infrastructure, unprepared accepting bodies and the society incarceration-centred public culture, respectively. Some of the proposed solutions to cope with the current situation are: Changing the culture of incarceration among judges by providing a proportionate execution guarantee; increasing the supreme judicial authority’s attention to the equipment needed to implement this policy in such a way that the statistics-oriented procedure of the judiciary does not distort the decarceration policy; monitoring the performance of judges in terms of adherence to macro-judicial policies in the field of community-based punishments; real and continuous monitoring of how to file Personality Record; improving the level of knowledge of judges by holding continuous training courses; upgrading the level of hardware and software facilities for applying non-custodial sentences and increasing the awareness of relevant institutions, regarding their rights and duties and reforming the culture of public punishment.
Criminal Law
Sayyedyaser ziyaei chahgahi; alireza jamshidi; mohammad ashouri
Abstract
Differential proceeding has different aspects and objectives. Despite completing the general rules of criminal procedure and eliminating the insufficiencies, this model of criminal procedure may have some other objectives such as orbital security, increased punishment in some special cases, the consideration ...
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Differential proceeding has different aspects and objectives. Despite completing the general rules of criminal procedure and eliminating the insufficiencies, this model of criminal procedure may have some other objectives such as orbital security, increased punishment in some special cases, the consideration of legal persons, the protection of human personality in the criminal process and effective confrontation with new forms and methods of committing a crime. The subject of this study is to analyze the necessities and principles in this field and to present specific criteria for investigating a legal person’s crimes in accordance with the analytical-descriptive method. Some of the necessities of this differentiation include the guarantee of rights of the parties of the case, the consideration of changes in committing crime practices, the prediction of appropriate tools for the criminal process, the structural differences of a legal person compared to a natural person, and the principle of equal weapons. considering the innocence principle and exceptional acceptance of the criminal responsibility of legal persons forms the important legislative basis for regulation in this type of procedure. A correct insight from criminal justice practitioners and other active practitioners of these principles plays an effective role in the interpretation of the law, fair trial achievement and the protection of the rights of individuals and society. The temporal and spatial unity of crime, a commonality in the charge between the legal representatives and the legal person and the similarity between the reference and the judicial authority is the common rules of this kind of proceeding. However, predicting the explanation of charges, particular criminal guarantee votes, derivative and exceptional criminal responsibility for legal persons, a different punishment regimen and the right to protest and an independent defence against judicial decisions and opinions are considered specific rules of a legal person’s proceedings.
Criminal Law
Mohsen Borhani; elaheh lotfalizadeh
Abstract
Due to the need to pay attention to dejudicialization and decarceration strategies, the repentance can be an effective tool to reduce the criminal population of prisoners. In 1392, the legislator for the first time made a general rule regarding the effectiveness of repentance in ta'zirat. Considering ...
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Due to the need to pay attention to dejudicialization and decarceration strategies, the repentance can be an effective tool to reduce the criminal population of prisoners. In 1392, the legislator for the first time made a general rule regarding the effectiveness of repentance in ta'zirat. Considering the legal changes and the approval of Article 115 of the Islamic Penal Code, it is important to address the realm of repentance in time and the periods in which this institution can be used. In this article, with a descriptive and analytical method and with a critical approach to uniform judicial precedent vote No. 813 of supreme court, regarding the time of acceptance of repentance, this claim is proved that based on jurisprudential and legal principles, not only before proving the crime, in all ta'zir crimes, the repentance of the accused will result in the cancelation of the punishment, but also after proving the crime and even at the time of Execution of punishment, this institution can be used.
Criminal Law
Mahdi Samaei; Mohammad Jfar Habibzadeh; Rahim Nobahar
Abstract
Judges have both considerable power and discretion in exercising it. Given the power and discretion, the personality of the judge is essential. Especially in hard cases, the "who is the judge" is no less important than the "what is the law". If the law is in the hands of a virtuous judge, it is more ...
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Judges have both considerable power and discretion in exercising it. Given the power and discretion, the personality of the judge is essential. Especially in hard cases, the "who is the judge" is no less important than the "what is the law". If the law is in the hands of a virtuous judge, it is more likely that his judicial power and discretion will lead to justice and fairness. Therefore the virtue approach to judicial judgment is important. The most important judicial virtues are: lawfulness, legal intelligence, judicial wisdom, courage, temperance, impartiality, independence, incorruptibility, judicial skill, justice, and compassion. An essential advantage of the virtue approach to judicial judgment is that it is compatible with the Islamic jurisprudential tradition. Thus, a rich dialogue can be established between modern virtue theory and the Islamic jurisprudential tradition. In the present article, while outlining the theoretical foundations, the application of the virtue approach in "judicial selection" is examined.
Criminal Law
Mehrangiz Roustaie; hamed rahmanian
Abstract
The method of determining punishment for perpetrator of various crimes has always been the subject of theoretical discussions and legislative developments. In the latest developments resulting from The Law on Reducing the Imprisonment, passed on May 12, 2020, the Iranian legislatore has issued different ...
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The method of determining punishment for perpetrator of various crimes has always been the subject of theoretical discussions and legislative developments. In the latest developments resulting from The Law on Reducing the Imprisonment, passed on May 12, 2020, the Iranian legislatore has issued different rules on distinguishing between "different" crimes and non-different crimes in the case of material multiplicity of crimes, but refuses to set criteria for separating these two categories of crimes. This has led to a divergence of views and procedures in this regard. In this article, four criteria for identifying different crimes have been explained and criticized by descriptive-analytical method. Unification of criminal title, unification of legal element, unification of constituent elements of crime, unification of constituent elements and punishment. Finally, according to the advantages and disadvantages of each of these interpretations, the criterion of unification of the constituent elements and punishment in order to comply with the principles of criminal law and narrow interpretation of criminal texts, more than other interpretations, is considered a legislator and as an autonomous view, has been introduced.
Criminal Law
Mohammad Ali Alipour; SeyedDoraid Mousavi Mojab; Seyed Basem Mavalizadeh
Abstract
Penal trial is a process which starts from crime detection and ends in a criminal conviction. In this regard, the stages of prosecution and investigation has special importance in criminal hearing. The close relationship and, in some cases, the conjunction of some detective and prosecuting procedures ...
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Penal trial is a process which starts from crime detection and ends in a criminal conviction. In this regard, the stages of prosecution and investigation has special importance in criminal hearing. The close relationship and, in some cases, the conjunction of some detective and prosecuting procedures with each other and their belonging to a prior stage of trial would in effect made their absolute separation and thus their complete independence so severe. Meanwhile discovering of the accused’s real conduct is the cornerstone of justice in respect to the other stages of judicial proceeding and hence the independence of the interrogator could be resulted in a fair trial. Comparatively studying of the independence of Interrogatory institution from that of Prosecution in both Iran and Lebanon, we may find that the principle of their independence has been recognized, though in Iran the Interrogatory authority which is placed amid the structure of Public prosecutor’s office and under the administration of the Attorney General has defected such independence that in several cases obliges the Interrogator to administratively serve under the attorney general’s authority. However, both-mentioned institutions are separated and independent in Lebanon and although the Interrogator has to acquire the Attorney General’s opinion in the process of investigation, but the ultimate decision would be independently issued by him and in case of conflict in their views the dispute would be referred to a distinct authority which may be called “Accusation Bureau” and as such the principle of independence is better guaranteed in Lebanese legal system.
Criminal Law
Mohammad Matin Parsa; hasanali moazenzadegan
Abstract
With the enactment of the Islamic Penal Code (May 1, 2013), a number of community-based punishments entered the Iranian legal literature under the title of alternatives to imprisonment. In this regard, the study of possible challenges in the application of new criminal institutions is one of the important ...
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With the enactment of the Islamic Penal Code (May 1, 2013), a number of community-based punishments entered the Iranian legal literature under the title of alternatives to imprisonment. In this regard, the study of possible challenges in the application of new criminal institutions is one of the important topics in criminal science, which will indicate the effectiveness of these institutions The authors of the article by focusing on the experience of key actors in issuing and enforcing community service orders, have attempted to identify such challenges at the judicial level through (first) a focus group was formed with the presence of 12 judges and (in the next step) interviews with 13 judges who have had experience in this area. The data gathered from the focus group and interviews indicate multiples judicial challenges in application of community service orders, which can be following into two main categories: "current and continuing punishment criteria inconsistent with the nature of community-based punishments (imprisonment- orientation and statistic-orientation)" and "lack of attention to enforcement infrastructures of community-based punishments. Based on the collected data and by analyzing the above findings, it can be argued that the existence of such challenges has been a subordinate of the wrong approach of criminal policymakers in relation to community-based punishments. This means that the legislature has been enacting policies on community service orders merely for reducing the prison population; And so, have been abandoned the preconditions for the main purpose of this punishment, which is the rehabilitation / reintegration of the convicts.
Criminal Law
Mohammadali Ardebili; Mohammad Ali Mahdavi Sabet,; HOJAT NAJARZADEH AHARI
Abstract
In United Nations Convention Against Corruption and other international conventions and National law having a wealth without justification by public officials it has been introduced as one of the examples of corruption. Wealth without justification or disproportionate is said to be disproportionate to ...
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In United Nations Convention Against Corruption and other international conventions and National law having a wealth without justification by public officials it has been introduced as one of the examples of corruption. Wealth without justification or disproportionate is said to be disproportionate to the legal and recognized income of the public officials. One of the main reasons of anticipation of such a regulations in international conventions and domestic Law is the complexity of the proving of crimes related to corruption and the help of the prosecution to exempt them from the proving of crimes so as to justify the legitimacy of the property on the public officials. The penal reaction to such wealth varies in different countries. Some emphasised the wealth and the attempt to confiscate assets that are unjustified and some have emphasised the types of sanctions such as fines, imprisonment and confiscation. According to relevant laws and regulations, it can now be said that iran's law lacks a penal response to the unjustified wealth of public officials and the article 49 of Constitutional law and Article 2 of the punishment of perpetrators of bribe and embezzlement and fraud cannot be used in this regard.
Criminal Law
Mohammad Hadi Zakerhossein
Abstract
The International Criminal Court is unable to prosecute all international crimes that fall within its jurisdiction. The situation selection falls within the Prosecutor’s discretion that is done by conducting a preliminary examination. In this filtering process, three factors are taken into account, ...
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The International Criminal Court is unable to prosecute all international crimes that fall within its jurisdiction. The situation selection falls within the Prosecutor’s discretion that is done by conducting a preliminary examination. In this filtering process, three factors are taken into account, namely jurisdiction, admissibility and the interests of justice. Nevertheless, the Prosecutor prefers to extend its discretion behind the preliminary examination stage. Accordingly, the Prosecutor selects a situation not only to initiate an investigation upon conducing a preliminary examination but also to open a preliminary examination in itself. This article argues that the Prosecutor’s discretion to open a preliminary examination is limited to consider the jurisdiction requirement in a narrow manner, namely to exclude those crimes that are manifestly outside of the Court’s jurisdiction. Due to the role of preliminary examinations in combating the culture of impunity, the Prosecutor shall not adopt a conservative approach to open a preliminary examination.
Criminal Law
Sadegh Tabrizi; Hassan Alipour; Mohammadreza Elahi Manesh
Abstract
Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. ...
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Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. The connection between the two forms the computer platform and the sphere of information and communication technology, and the principle of proportionality should be interpreted according to this feature. The principle of proportionality in data seizure means balancing the four elements of the need for seizure, the importance of the data and the system, the relationship of the data or system to the crime, and the relationship of the data or system to the data and other systems. The present article, using library resources and judicial decisions, has tried to show in a descriptive and analytical way that the appropriateness of confiscating data and systems is comparable to confiscating the platform of activity and not confiscating property or documents and has reached this conclusion. The appropriateness of confiscating data and computer systems relies In addition to relying on approaches based on the requirements of traditional space, such as the application of precautionary measures to respect the rights of society and the victim and the requirements of cyberspace Like understanding the place of computer exchange space in today's activities, she has also paid attention to protecting the rights of the accused.
Criminal Law
ali bahadori jahromi; MohammadReza Alipoor
Abstract
Social behavior as a subject of law is one of the most important issues that has been affected by the emergence of new technologies. In recent years, legal technologies (LegalTech) have been tried to increase public access to justice. These technologies affect three categories of judicial proceedings, ...
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Social behavior as a subject of law is one of the most important issues that has been affected by the emergence of new technologies. In recent years, legal technologies (LegalTech) have been tried to increase public access to justice. These technologies affect three categories of judicial proceedings, private legal services, and government regulatory actions. Develope LegalTechs, like any other legal phenomenon, requires programing in the direction and in accordance with the principles of the legal system. Inattention to the relevance of legal systems governing and the LegalTechs that used in judicial proceedings, causes similar experience for LegalTechs, like imported technologies that not only did not facilitate and strengthen the quality of previous practices, but worse and irreparable problems. Have also been accompanied. In this article , we have tried to achieve the requirements of the legal system of the Islamic Republic of Iran on the judicial proceedings' LegalTechs by examining the principles of fair trial by analytical-descriptive method.
Criminal Law
sana kazempour; mohammad farajiha
Abstract
Sentencing studies indicate that female offenders typically receive less severe punishments than males and that the criminal justice system treats women more leniently than men. The current study, through theories such as paternalism (and its more recent versions) and evil woman theory, seeks to answer ...
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Sentencing studies indicate that female offenders typically receive less severe punishments than males and that the criminal justice system treats women more leniently than men. The current study, through theories such as paternalism (and its more recent versions) and evil woman theory, seeks to answer how gender as an extralegal factor affects the process of sentencing in drug offences and whether there is a difference in the effectiveness of theories depending on the social structure of the two societies, Iran and the United States.In this study, qualitative research methods have been used. The content of documents, including cases of drug offences conviction (60 samples) between 2010 and 2020, and criminal justice officials’ discourse have been analyzed. In-depth interviews with judicial activists and drug lawyers (24 cases) were also used to understand the factors that encourage judges to impose lenient or severe punishments on women.The findings of this study show that paternalistic attitudes toward women in Iranian society, Childcare, the social costs of punishing mothers, and the subordination of the partner are the main factors that reduce the likelihood of conviction of harsh sentences, such as the death penalty for women in Iran. On the other hand, criminal records in drug offences, high quantity of drugs, or illegal relationships are factors that lead to violations of gender norms and deprivation of women of leniency approach in the criminal justice system about drug offences.
Criminal Law
MohammadHadi Tavakkolpoor; Mohammad Amin Maleki
Abstract
Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, ...
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Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, but it seems that by carefully documenting the validity of this issue, more restrictions can be placed on the execution of insane punishment. This research has reached the conclusion by descriptive and analytical method and by examining the authenticity and signification of the relevant narrations that the narration indicating the punishment of the insane does not apply in terms of the type of crime committed and the time of proof of the crime, i.e. the time of correctness or insanity and the method of proof, And its inclusion in the commission of any crime and also the presumption of proving the crime at the time of insanity and in any way is questionable. And it seems that what can be used from the evidence is the permission to perform the whipping punishment, which has been proven by the person's confession at the time of his health; This is more compatible with the defendant's defense rights and with the rule of Caution in bleeding.
Criminal Law
Hossein Aghababaei
Abstract
A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating ...
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A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating the mechanism of governing society in emergency situations is considered as a right and duty of the government. Emergencies change the normal course of life and require appropriate action. However, in a democratic political system, government actions in emergencies also need to be bound by law and procedures designed to manage the situation. Emergency rights are governed by regulations, management structure and procedures, and how the law is enforced in an emergency. In this article, with analytical-interpretive method, in examining the question that according to the models of dealing with the emergency situation in the law of the studied countries, is there an efficient legal system in Iranian law for managing emergency situations? The findings of the study indicate that although the existence of the mechanism of the Supreme National Security Council solves the problem of prescribed regulations and unforeseen conditions and the formation of the National Corona headquarters and the implementation of its resolutions are justified by the same logic, but according to Article 79 of the Constitution, and Benefiting from the experience of different countries, it is necessary to formulate emergency law. Comprehensive and efficient regulations that, by their automatic implementation, while managing the affairs of the country in an emergency situation, have the authority to make special regulations appropriate to the emergency situation and are responsible for regulating violations and determining the responsible body to ensure the certainty of law enforcement.
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.
Criminal Law
Amin mohammadi jobeni; hosein sharifi tarazkoohi; Mohammad Barani
Abstract
Human security means the conditions under which the vital core of human life is protected.Although the government has an important role to provide security,it should be seen as a means to provide it,not a matter or a source of security.This doctrine in the broadest sense means freedom from need and freedom ...
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Human security means the conditions under which the vital core of human life is protected.Although the government has an important role to provide security,it should be seen as a means to provide it,not a matter or a source of security.This doctrine in the broadest sense means freedom from need and freedom from fear and living with dignity,since there's no accepted definition of it,it can be divided into minimalist and maximalist schools.The article's purpose isto examine the duties and authority of NAJA with an emphasis on the minimalist of human security,which believes that lasting stability isn't achieved ,unless people are protected against violent threats to their rights,security or lives.Regarding the mentioned issues,this study aims to answer the question"What are the responsibilities of the IRI police in achieving personal,political and social security?"It has been written with a descriptive-analytical approach,using the library method. According to the research 'findings,based on law,establishing order and security,providing public and personal comfort is one of the main missions of NAJA. Hence,eliminating the threats posed in the security components based on freedom from fear directly or indirectly,is under its duties. So the performance of the police in achieving these security areas must be improved in accordance with the philosophy of the NAJA existence and the goals of human security,which is to maintain the security and dignity of individuals.The change in the duties and powers of NAJA isn't a matter of choice, it's an inevitable necessity.That the most important of its effects will be the guarantee and promotion of the citizenship rights increasing the public trust in the police ,intensification of the community centered police,establishing more discipline and security and increasing the legitimacy and acceptability of the system.
Criminal Law
AmirHassan Niazpour
Abstract
The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection ...
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The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection of victims, rehabilitation of criminals and implementation of criminal justice responses have been mentioned to some extent. Despite, the participation of these institutions faces many challenges from different angles. Lack of clear legislative criminal policy regarding the participation of public institutions, skepticism among government institutions in order to interact with public institutions and use the capacity of these institutions to curb and respond to the criminal phenomenon, lack of public awareness of the capabilities of these institutions in the criminal justice is one of the most important challenges. Therefore, training judicial officials, interpreting laws to strengthen the participation of public institutions, preparing and drafting a comprehensive law to develop the use of the capacities of NGO s, and raising public awareness about these institutions are among the solutions and the " Instructions non-governmental institutions interact with the judiciary", which was approved to strengthen the participatory approach in the process of crime prevention and combating crime, can create an arena for strengthening the interaction of judicial institutions with NGO s. In this article, A) action-oriented and B) Reactive approaches to criminal policy in the Instructions are examined.
