Criminal Law
Hamid Bahremand; Zahra Sakiani
Abstract
Behavioral economics is a branch of economics that seeks to modify the hypotheses of neoclassical economics using the findings of other sciences, especially psychology. This article examines from the perspective of behavioral economics what factors can be effective in criminals' decision to commit a ...
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Behavioral economics is a branch of economics that seeks to modify the hypotheses of neoclassical economics using the findings of other sciences, especially psychology. This article examines from the perspective of behavioral economics what factors can be effective in criminals' decision to commit a crime. To this end, some cognitive biases and exploratory rules, each of which is somehow related to gathering information to commit a crime and assessing the certainty and severity of punishments are explained and their implications for policy-making are noted.Of course, it should be noted that many of the issues that will be addressed have not been specifically tested in the decisions of criminals, but they are discoveries and cognitive biases that exist in general and among many human beings. Given that the application of findings obtained in a context other than the commission of a crime may have results that are not directly applicable in the context of the commission of the crime, it seems that conducting empirical research to assess these cases in the decision to commit a crime in particular can increase the accuracy of these findings. As will be stated in the article, sometimes due to the existence of some biases and exploratory rules, it is not possible to believe in the economic analysis of criminal behavior that increasing the severity and certainty of punishments reduces crime and sometimes other factors are needed to increase the severity and certainty of the punishments should be considered. It seems that considering these cases can help to increase the effectiveness of policies against crimes and be useful in explaining cases where policies against crimes have not been effective or less effective.
Criminal Law
ali rezanezhad; Mohammad Mohseni dehkalany
Abstract
One of the issues that has been included in the Islamic Penal Code in 2013 with the opinion of the Guardian Council is the issue of Religious Ta'zir. Religious Ta'zir have many ambiguities and questions Because its nature and examples have not been explained by the legislator. One of the questions is: ...
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One of the issues that has been included in the Islamic Penal Code in 2013 with the opinion of the Guardian Council is the issue of Religious Ta'zir. Religious Ta'zir have many ambiguities and questions Because its nature and examples have not been explained by the legislator. One of the questions is: Are the punishments prescribed in the Shari'a for the Religious Ta'zir a Shari'a decree or a governmental decree? or does the rule that says: in ta'zir, as the ruler deems it appropriate, include the Religious Ta'zir? This article wants to answer this question analytically and descriptively. Looking at the jurisprudential standards, it seems - against the opinion of the legislator- the rule that says: in ta'zir, as the ruler deems it appropriate, include the Religious Ta'zir. so the penalties imposed are government decrees. Because it is a general rule and the characteristics of a government decree are consistent with the rule and the words of the jurists and the words of the narrators are different.
Criminal Law
afsaneh zamani jabbari; mahmood saber; mohammad farajiha
Abstract
The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose ...
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The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose of this study is to provide solutions and express the necessities for overcoming these challenges. The approach of this research is qualitative-exploratory. The article concludes that the admission of an immediate trial and an interim injunction in criminal matters, the provision of an approving Supervision by the prosecutor, the inclusion of precautionary measures, and the need for periodic review can compensate for the Deficienciesof a fair trial. Determining criteria instead of defining concepts, risk assessment based on prerequisites, identifying the principle of good faith, adhering to the criteria of fitness and necessity, balancing preventive measures, and economic development are among the solutions and necessities that are provided to address other challenges. Also, in order to enrich the results, in some cases, the experience of other criminal systems has been used.
Criminal Law
majid sadeghnejad naeiny; Sakineh Khanalipour Vajargah
Abstract
Duress as one of the obstacles to criminal Liability is mentioned in Article 151 of the Islamic Penal Code. According to this article, in ta'zir, the duressor is sentenced to the punishment of the perpetrator. In Hodoud and Qesas, they are sentenced according to the relevant regulations. Although this ...
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Duress as one of the obstacles to criminal Liability is mentioned in Article 151 of the Islamic Penal Code. According to this article, in ta'zir, the duressor is sentenced to the punishment of the perpetrator. In Hodoud and Qesas, they are sentenced according to the relevant regulations. Although this article refers the duressor's sentence to the relevant regulations, but nowhere in the Islamic Penal Code is this presumption mentioned and in fact the law is silent in this regard.The main question of this research is what is the punishment of a duressor in Hodoud (for example, duress another to drink intoxicants)? In this article, we will analyze lawyers' opinions and jurists' fatwas in this regard with an analytical-interpretive method.The results of the research indicate that due to the silence of the legislator in this regard and also the lack of an explicit jurisprudential text or fatwa in this regard, different approaches to punish the duressor will be conceivable. Finally, it can be consider as a accessory and be punished by article 127 of the Islamic Penal Code
Criminal Law
afshin abdollahi
Abstract
In order for an act to be recognized as a crime, its necessary explicitly to be mentioned criminalization and punishment in a legal article so that the people's task is clear. However, sometimes the legislature uses criminal referral for certain reasons and to determine the punishment, refers to the ...
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In order for an act to be recognized as a crime, its necessary explicitly to be mentioned criminalization and punishment in a legal article so that the people's task is clear. However, sometimes the legislature uses criminal referral for certain reasons and to determine the punishment, refers to the punishment of another crime. This method of determining punishment, although in Ta’azirats, due to government requirements, it is somewhat acceptable, but in remittance to the punishment of Haad hesitates persons, that is the subject of this article. In this regard, this article with a descriptive-analytical method, has examined possibility of referraling some actions with the intention of overthrowing the regime or confronting the government to Haad punishment and in the end this result was achieved that criminal referral to Haad punishment is some extent against the grounds of criminalization of Haad crimes, criminal law principles and jurisprudential rules. Therefore, it is necessary, separately, the legislature should anticipate these acts in the form of Ta’azirats offenses.
Criminal Law
ali saffary; Zeynab Laki; Razieh saberi
Abstract
The certainty and clarity of the criminal law is one of the requirements of the principle of legality and requires the definition of the crime with maximum clarity and accuracy by the legislature. However, the open texture criminalization and the widespread and criminal-administrative of the actus reus ...
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The certainty and clarity of the criminal law is one of the requirements of the principle of legality and requires the definition of the crime with maximum clarity and accuracy by the legislature. However, the open texture criminalization and the widespread and criminal-administrative of the actus reus implies a shift away from adhering to the requirements of the principle of legality.Relying on a descriptive-analytical method, the present study seeks to answer the questions that what are the contexts of degradation of the principle of legality and the tendency of legislators to legislative ambiguity and the sharing of law and administrative-executive approvals in explaining the components of crime?Findings show that today, Influenced by the ideas of the negation of absolutism such as postmodernism and pragmatism, criminal law moves toward relativism, flexibility, and socialization.. Also, new developments such as the expansion of the realm of criminal law in the light of the emergence of crimes outside the core of criminal law, such as preventive and technical crimes, with features like uncertainty and specialization and technicality, It has paved the way for the swamping and the regulation of criminal law. A change that is increasingly leading to Legislative parallelism and violations of the transparency and certainty of the law, as well as a fair warning to citizens.Finally, in order to strike a balance between the dynamics of criminal law and the rule of law, observance of criteria such as the definition of terms (legislative terminology) in the text of the law in order to determine the policy of administrative officials andAlso, determining the validity period of delegating the authority to define crime to administrative-executive texts can be effective in reducing the challenges of flexibility and becoming a legal pillar. regulation of the legal element..
Private Law
ali amiri; Javad Tahmasebi; Batool Pakzad
Abstract
"Management of referral of criminal cases in guaranteeing an impartial trial", while having an intangible and intangible feature in the trial process, has an extraordinary role in the formal and substantive processing of proceedings and the strategy of the country's supreme judicial management. Although ...
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"Management of referral of criminal cases in guaranteeing an impartial trial", while having an intangible and intangible feature in the trial process, has an extraordinary role in the formal and substantive processing of proceedings and the strategy of the country's supreme judicial management. Although with the return of the legislator from the managerial approach and determining the two criteria of "specialization" and "order", in drafting Articles 448 and 465 of the Code of Criminal Procedure, It has taken an important step towards the rule of law and the oversight of managers, but the lack of full entry into this field, The challenge of overcoming this problem remains unresolved. And despite the Supreme Disciplinary Court's commitment to legislative safeguard policies, the lack of coherent rules and adequate safeguards in this regard allows any referring authority to abuse its powers and legal loopholes to curb the initiative. And by his purposeful referral, divert the course of the proceedings from the path of justice and deprive the parties to the dispute of the right to equality and the enjoyment of an impartial tribunal. Therefore, diligence in training and reducing the concentration of power of the referral authority, selection and appointment of experienced, committed and specialized managers, explaining the position of the referral in the trial process and aspects of appealing against votes, setting appropriate deadlines and comprehensive criteria for referral, along with performance guarantees Special and providing desirable oversight, can help to refer wisely and impartially and thus improve the efficiency of the judiciary and community satisfaction.
Criminal Law
zeinab sheidaeian
Abstract
The relationships between the prosecution service and the police follow distinctive models (hierarchical or network) in accordance with the ruling procedure system (accusatorial or inquisitorial). In the system of the Islamic Republic of Iran, the hierarchical model is used in the relationship between ...
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The relationships between the prosecution service and the police follow distinctive models (hierarchical or network) in accordance with the ruling procedure system (accusatorial or inquisitorial). In the system of the Islamic Republic of Iran, the hierarchical model is used in the relationship between the prosecution service and the police. Studies show that there are deficiencies in the relationship between the two organizations. The present article seeks to provide an optimal model of the relationship between the prosecution service and the police in the Islamic Republic of Iran. This research has used the library methodology, and the proposed model is designed according to the existing circumstances and realities of Iran's criminal justice system and addresses its aspects. The model of prosecution service and police relations at its best situation, results in more efficiency and effectiveness in detecting, prosecuting and investigating crimes. The aspects of the optimal model for Iran's police and prosecution service relations are as follows: 1- Assignment the crime detection function to the police, 2. Two-way communication based on the network model between the two police and prosecution service and, as a result, the equality of the two organizations with each other 3. Assignment of execution of investigations to the judicial police, 4. Separation of the investigating authority based on the severity of the crimes 5. The administration of the prosecution service on the judicial police; in this way, the judicial police are established and run under the dominion of the prosecution service, and at the same time, in proportion to the circumstances, enjoy a flexible and moderate sovereignty.
Criminal Law
Hasan ghasemi Moghadam; zakiye mirseydi
Abstract
Committing a crime for self - defense is justified provided that, instead of defending against attacker, this crime is necessary for repelling the danger. In cases of escape possibility, because of elimination of danger repelling necessity, prohibition of battery and murder for “ nahye az monkar” ...
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Committing a crime for self - defense is justified provided that, instead of defending against attacker, this crime is necessary for repelling the danger. In cases of escape possibility, because of elimination of danger repelling necessity, prohibition of battery and murder for “ nahye az monkar” without permission of ruler, and respect for the attacker right to life, it is not justified to use deadly self – defense. Deadly self - defense refers to inflict grievous bodily harm, or using cold weapon or firearm thereby puts the attacker right to life at risk. This article studied the topic with descriptive analytical methodology, and concluded If the defender, despite of escape possibility, uses deadly self – defense, thereby commits an intentional crime against the person, considering Islamic jurisprudent bases of note 2 of article 302 Islamic penal code, legal interpretation, and case law of supreme court, he will be subject to the rule of the mentioned note. Studying the United States legal system comparatively also shows that in compliance with the “ duty to retreat “, deadly self – defense could not be used.
Criminal Law
hasanali moazenzadegan; Mohammad Matin Parsa
Abstract
Community service order is considered as the most prominent example of community-based punishments, entered in 2013 into the Iranian Legal and judicial literature. Therefore, it was expected legislator by a set of comprehensive statutes that are far from multiple challenges, created a context for effectiveness ...
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Community service order is considered as the most prominent example of community-based punishments, entered in 2013 into the Iranian Legal and judicial literature. Therefore, it was expected legislator by a set of comprehensive statutes that are far from multiple challenges, created a context for effectiveness of this new institution in line with achieving its main aim of reforming and reintegrating the perpetrator. Thus, the main question of the present article will be whether the set of statutes and rules and in accordance with the targets intended for community service order, so that it leads to the greater effectiveness of this concept? In this regard, the authors at first studied 150 related judicial decisions and identified the judges issuing them (purposive sampling) as the main actors in this study and the gathered the data afterwards by conducting semi-structured in-depth interviews gathered its data. The data indicated that there are legal challenges at the sentencing stage and subsequently after conviction. The research findings also show that Iran's macro-judicial policies related to community service order (reducing the punishment of Community Service Order as an alternative to imprisonment and considering it as a means to reduce prison population) were not commensurate with the inherent goals of this community-based punishment. And finally, it has paved the way for many challenges. This disproportionate targeting can be categorized into the following two classifications: “Failure to identify actors in proportion to the nature of the punishment”, “Failure to identify situations appropriate to the nature of the punishment”.
Criminal Law
Sepideh Mirmajidi
Abstract
In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative ...
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In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative measures in various legal, social, cultural, and economic contexts, without being limited to an ideal pattern, procedure, or process.So, the desirability of a restorative justice program does not depend on a particular model, but on having features that can bring restorative interventions as close as possible to the goals and outcomes of restorative justice. Accordingly, this article, which is qualitative in nature and descriptive-analytical in method, addresses two main issues: First. What are the characteristics of a desirable model of restorative justice; desirability in terms of the extent to which the most restorative goals and values are achieved, regardless of the model of restorative justice and second. using the method of interviewing twenty judges of criminal court (1) in a Tehran province and thirty victims of sexual violence (both men and women), also addresses this issue that if a judge's restorative interpretations are to be one step away from the status quo in cases of sexual violence and contain more and more features necessary to achieve the most restorative values, then what is the procedure? The result of the research shows that "using trained actors of restorative justice in criminal courts", in the current conditions of the Iranian criminal justice system, is a procedure that can represents the most number of features of a desirable model in these cases.
Criminal Law
Rasool Ahmadzadeh; ahmad Rezaeepanah
Abstract
Currently, the change of agricultural lands is one of the important challenges of Iran's agricultural sector. Land use change annually removes a large part of agricultural land from the production cycle. The legislature has not yet adopted a consistent approach to deal with this crime, so that the 70s ...
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Currently, the change of agricultural lands is one of the important challenges of Iran's agricultural sector. Land use change annually removes a large part of agricultural land from the production cycle. The legislature has not yet adopted a consistent approach to deal with this crime, so that the 70s can be considered a period of deliberation and drawing, the 80s a period of change and regulation, and the 90s a period of weakening and destroying penal policy to preserve agricultural land use. And he knew the gardens.Land use change analysis and examining the strengths and weaknesses of legislation, along with paying attention to the proper judicial procedure, can reveal the existing challenges and gaps. In this article, I will analyze the elements of this offense and the possible interpretations of exceptions to land use change in an analytical manner. Then, according to the changes in the Islamic Penal Code adopted in 1392 in grading crimes and setting deadlines, we will answer the question of whether this action is considered a punishment or not by scrutinizing the nature of "tin and repression". According to the selected basis and subject, the writing method of this research is descriptive-analytical and library data has been used in data collection.
Private Law
mohsen Borhani; Arash Badkoubeh Hezaveh
Abstract
Causation is one of the most significant topics of law, if not the most important one. This article analyzes the validity of expert opinion in determining establishment of causation and peripheral issues of causation. Iranian courts routinely delegate the recognition of causation establishment to governmental ...
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Causation is one of the most significant topics of law, if not the most important one. This article analyzes the validity of expert opinion in determining establishment of causation and peripheral issues of causation. Iranian courts routinely delegate the recognition of causation establishment to governmental experts, regardless of whether there is any legal basis justifying such reference. This article answers the following inquiry: “According to Iranian law, in what cases, if any, courts can rely on expert opinion in determining whether Causation is established for purpose of imposing liability?” This article assumes that a criterion should be implemented/designed to recognize establishment of causation based on a customary standard. Although in certain cases, establishment of causation and in some peripheral issues related to the causation, namely recognition of material causes and amount of damages (in the cases of shared liability), expert opinion could be the sole basis for determinate establishment of causation.
Private Law
Mahdi Hasanzadeh
Abstract
According to codes of procedure (articles 348 and 371 Civil Procedure Code and article 477 Criminal Procedure Code) "Contrary to Islamic Jurisprudence" has been announced as the cause of quash of judgments. It is an important point and should be studied if this cause is applicable to all judgments or ...
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According to codes of procedure (articles 348 and 371 Civil Procedure Code and article 477 Criminal Procedure Code) "Contrary to Islamic Jurisprudence" has been announced as the cause of quash of judgments. It is an important point and should be studied if this cause is applicable to all judgments or just judgments which rendered by virtue of religious sources and injunctions and according to principal 167 Constitutional law and article 3 Civil Procedure Code. Applying this cause in the manner that causes quash of judgments which rendered according to laws, it bring about the violation of the laws and this result is not coordinated with constitution law and legal system and arises the shaking of laws and disorder of legal system. Then, for solving this fundamental problem, we are obliged to know this cause as dissuaded from cases which its applying causes the quash of judgments which rendered according to laws.
Criminal Law
Mehrangiz Roustaie; hamed rahmanian
Abstract
Law on reducing the punishment of Taziri imprisonment was enacted in May 12, 2020. This law has made important amendments to the body of Iranian criminal law. It could be addressed in two aspects: theoretical and practical. The second one- legislator's mean to reducing the criminal population- should ...
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Law on reducing the punishment of Taziri imprisonment was enacted in May 12, 2020. This law has made important amendments to the body of Iranian criminal law. It could be addressed in two aspects: theoretical and practical. The second one- legislator's mean to reducing the criminal population- should be considered in a result-based process after a reasonable period of time from its implementation. In theoretical view however these reforms can be the basis of more fundamental researches. The study of the recent enacted law shows an important change of criminal concepts that we call it Privatization of Criminal Law. Examples of this flow can be enumerated as follows: first, increasing the number of forgivable crimes. Second, The obvious effect of complainant's action on the nature of crimes. Third The possible effect of the complainant's action on the disappearing of the legal element of the crime. Fifth, complainant's role in determining the jurisdiction and limits of the authority of the reviewing authority. In this study, using the analytical method, the change in the attitude of the criminal legislator has been investigated. The findings of the study prove that the boundaries of criminal law are eroded and the concept of complainant is closer to the plaintiff and consequently the complaint to the petition, which occurred as a result of changing the legislator's position to the victim's place in criminal law.
Criminal Law
afsaneh zamani jabbari; Mahmood Saber; Doraid Mousavi Mojab
Abstract
for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this ...
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for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this approach have previously been taken only on a case-by-case basis in scattered laws and regulations, until a more serious look was taken with the passage of the aforementioned article. Despite this positive action, some challenges have led to a lack of full utilization of its capabilities and capabilities. The purpose of this paper is to design a conceptual model of the existing challenges and pathologies of Article 114 of the Criminal procedure code. The approach of this research is qualitative-exploratory. The paper concludes that there are fundamental challenges in the three categories of legislative, judicial, and executive. In the legislative category, the sub-categories of Deficiencies in the principles of a fair trial (Includes Measures nature ambiguity, lack of effective judicial Supervision, the uncertainty of the scope of the measures, Non-assignment of periodic reviews), ambiguous basic concepts, the lack of basic characteristics in dangerous attainment. In the judiciary category, the sub-categories of maximum-minimum perceptions, the conflict of rights and freedoms of activities with the public interest;, and In the Executive category, the sub-categories of the lack of necessary mechanisms; The unpredictability of effective implementation strategies and economic consequences can be examined. The conceptual model of the pathology of Article 114 of Criminal procedure code is also designed and presented on this basis.
Criminal Law
Ali Azizi; Mohammad Farajiha
Abstract
Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities ...
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Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities and finally to reduce the recidivism rate. However, because they reach only a small proportion of litigants compared to the traditional courts, the idea of applying core principles of problem-solving courts to traditional courts was put forward. This article, with a qualitative method, first examines the necessity of problem-solving approach in judicial system and then analyses the opportunities and barriers to applying problem-solving principles and practices in traditional criminal courts of Iran. The findings of the research show that some principles like changing traditional attitudes and role orientations of judges, prosecutors, attorneys, and other justice system actors is the basis for adopting problem-solving approach in traditional criminal courts of Iran and it can hardly be transferred, but enhancing the direct interaction between judges and litigants is the most easiest. Moreover, resource constraints (lack of time, money, and staff) and educational and electronic systems limitations pose serious barriers in implementation of other principles and effectiveness of problem-solving approach. Tangible results show that the application of these principles and indicators can help increase the quality and effectiveness of the criminal justice procedure and reduce its non-therapeutic consequences.
Private Law
Siamak Rahpeyk; Mahdi Hadi
Abstract
According to Article 149 of the Islamic Penal Code, “Where at the time of committing a crime, there is a mental disorder in a way that the perpetrator lacked the volition and power of discernment , he will be deemed insane, and shall have no criminal responsibility”. This article is the last ...
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According to Article 149 of the Islamic Penal Code, “Where at the time of committing a crime, there is a mental disorder in a way that the perpetrator lacked the volition and power of discernment , he will be deemed insane, and shall have no criminal responsibility”. This article is the last will of the legislator on insanity. In total there are three criteria for insanity: Cognitive and Volition Criterion, customary criterion and companion and Contradiction Criterion. In the cognitive criteria, the main emphasis is on the the nature of the action. Volition criterion relying on individual control over their behavior. In the customary standard, since insanity is a customary concept, it is referred to the custom to diagnosis it. The psychiatric criterion can be analyzed in the context of a specific custom. In the companion criterion, the main emphasis is in relationship with insane person. At paradoxical level, attention is paid to behaviors that are not matched with mental health. The most appropriate solution for detecting insanity is attention to perception and failure of perception based on symptoms such as delusions and hallucinations.
Criminal Law
mehdi aghaee; nasrin mehra
Abstract
Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes ...
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Country's chaos regarding car accidents, Justifies the necessity of growing attention and importance of preventive measures of these offences, and makes this issue known as a major concern. This also reveals the necessity of interactive (non-criminal) preventive measures with respect to traffic crimes and violations. Situational prevention or situation oriented, as the most moderate, possessing the most widespread measures, is considered as an effective non-criminal prevention pattern and based on the statistics given by official organizations, it has a tremendous impact on the reduction of crimes and violation in different countries. In proportion to scientific and technological developments, different situational preventive measures have been updated, and due to their consistency, they can be applied in traffic violations and offences. On one hand, the analysis of suggested measures in the framework of situational prevention and on the other hand, statutory criminal policy pathology and some other practical plans linked with this kind of prevention of the offences and traffic violations are the main purposes of this article. In the sphere of Iran's statutory criminal policy "The law of compulsory insurance for damages inflicted to third parties arising from an accident of vehicles" and "The law of adjudication of traffic violations are the most important legal sources that their analysis shows that most of the components and enforcement measures either have not been predicted or their enforcement process have not been codified even in the form of by-laws, or they are far from the situational technics and criteria over them. Unfortunately, the legislature has taken situational prevention aspects into consideration only in few cases of its statutory criminal policy, although this matter is significant: the practical potentials of situational prevention has been restricted to nominal and brief dimensions. Besides, the guarantee of situational prevention approach in the society needs systematization of the variety of adopted situational measures.
Criminal Law
Ruhollah Akrami
Abstract
In regard to proving criminal cases, although each legal system has its own view over the validity of Confession, yet it has a special position in all legal system. Confession has an intrinsic value in different countries' regulations subject to the system of legal reasons, thus in some legal systems, ...
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In regard to proving criminal cases, although each legal system has its own view over the validity of Confession, yet it has a special position in all legal system. Confession has an intrinsic value in different countries' regulations subject to the system of legal reasons, thus in some legal systems, the judge is obliged to issue a judgment based solely on the confession for the absolute validity given to it by the legislator. Whereas in countries affected by the system of moral reasons, the confession itself is not valid and its value is as a means of assuring the judge of the event to which the confession has been made. In the present article, an attempt has been made to examine the validity of the confession in proving the case with a descriptive-analytical method. In this regard, it is examined whether a criminal judge can issue a sentence as soon as the accused confesses, and this validity remains until the judge is aware of its inaccuracy? Or that the sentence can be issued only on the basis of a confession when the judge is satisfied with it? And basically, this persuasion can be based on confession alone or does it need other supporting evidence? In order to answer these questions, while briefly studying the legal system of some Islamic countries, the issue has been specifically examined from the perspective of the Codified regulations, legal doctrine and judicial procedure of the Islamic Republic of Iran. The superficial conflict between the approach of the Islamic Penal Code and the Code of Criminal Procedure on this issue has added to the complexity of the issue, which makes it necessary to rely on interpretive methods to accept the relevant validity of the criminal confession.
Criminal Law
SayedHamid Hoseyni; Firouz Mahmoudi Janaki
Abstract
he mental disposition of individualism and natural law advocates is the main trough of the "right not to be punished". This right is an innovative and great disputable issue among the law philosophers of Criminal Law. Multidimensionality and ambiguity of "right" and "punishment" have caused a wider area ...
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he mental disposition of individualism and natural law advocates is the main trough of the "right not to be punished". This right is an innovative and great disputable issue among the law philosophers of Criminal Law. Multidimensionality and ambiguity of "right" and "punishment" have caused a wider area of the aforementioned challenge. This article presents the meaning of the "right to not be punished" besides doing some studies on its main philosophical and criminological foundations through the descriptive-analytic method. The findings of the study indicate that the "right to not be punished" is in the category of a priori, natural and fundamental human rights and is of the type of "conditional negative claim-right". Human dignity, philosophical principles of avoiding harm and harassment as philosophical theories of pressure, radical (critical) and labelling are among the criminological foundations of the formation of this right, which has made its philosophical underpinnings more understandable and acceptable by referring to other researches in social sciences. It is obvious that paying attention to the concept and foundations of the aforesaid right, results in reasonable saving on both criminalization and sentencing in criminal law.
Criminal Law
vali rostami; Sina Rostami; Hasan Kabgani
Abstract
The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be ...
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The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be fully in line with the principles of fair trial enshrined in the constitution. Because by reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 2013, one may easily realise that some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, it seems necessary to analyze the existing conflicts as well as to examine the possibility for court judges to invoke the constitution, as well as the non-implementation of legal articles contrary to the principles of the constitution. The present study uses a descriptive-analytical method to measure the compliance of ordinary laws related to the principles of superior proceedings and in case of changes and non-compliance, to describe the guarantee of implementation of these discrepancies. The results indicate that the Code of Criminal Procedure, passed in 2013, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press crimes, the principles related to the separation of powers and other cases, still contain sentences contrary to the spirit of the Constitution.
Criminal Law
Hadi Rostami; Seyed Poria Mousavi
Abstract
Achievements of different knowledge such as criminology and penology and also the use of answering experiences to criminals, show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of the juvenile offender. In the meantime, documents ...
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Achievements of different knowledge such as criminology and penology and also the use of answering experiences to criminals, show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of the juvenile offender. In the meantime, documents and international regulations of human rights also with an emphasis on different components are still in search of blockage of the cycle of becoming a habit of delinquent of this category of citizens. The best interests of a juvenile offender, that as a strategic and fundamental principle was important for system of the criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make a decision about choosing methods for removal and stop of the relationship of children and teens with a criminal process forever and can be provided as a goal. By these changes in 2013 and following paragraph 1 of article 3 of the convention on the rights of the children, the criminal justice system of Iran tried to respect this principle and, in the light of readings of it, select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator had tried to respect the bests interests of juvenile in punishable crimes and on the other hand, try to respect laws (limits and retaliation) that in this way had faced significant duality.
Criminal Law
Behnam Ghaffari; Seyyed Hamid SHahcheragh
Abstract
One of the major problems at present in the branches of criminal Judgment's execution throughout the country, which have a significant volume of cases in these units, are cases involving default convictions where their judgments have not been actual notice. Such cases, which were not executed due to ...
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One of the major problems at present in the branches of criminal Judgment's execution throughout the country, which have a significant volume of cases in these units, are cases involving default convictions where their judgments have not been actual notice. Such cases, which were not executed due to the lack of recognition and access to the convicted person, now constitute a large part of the older cases of these branches. Certainly one of the most effective legal tools for overcoming such an undesirable situation is the regulations governing the execution prescription. However, due to ambiguity in jurisprudence over the concept of "definitive verdict", this legal instrument is not well used and the Legal Department of the Judiciary has not been able to assist in resolving this dilemma by providing a proper interpretation of the provisions. On the contrary, it has added to the ambiguity of the field with its controversial and critical advisory opinions. In this article, in addition to exploring the concept of the definitive verdict, numerous opinions of the legal department in this field will be criticized, and eventually, it will be shown that default judgments along with other judgments commonly accepted as definitive and non-appealable are subject to execution time-lapse set forth in Article107 of the Islamic Penal Act, 2013.
Private Law
Ali Asgaritavani; Hasan Mohseni; mohammad ali mahdavi sabet; Mansoor Amini
Abstract
The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due ...
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The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due to the compliance of the legal authority with the criminal verdict. However, the question is "to what extent" and "in which condition"? In Article 18 of the Code of Criminal Procedure, the legislature only mentions the phrase "effective" criminal verdict on a law. While the phrase is not clear and should be analyzed by studying the elements of the criminal verdict. In this article, by mentioning the principles, characteristics, conditions and effects of the rule of validity of the final criminal case in civil law in the legal system of Iran and France, we explain the superiority of criminal law over civil law by mentioning the votes. Finally, we make the exception of the fact that the third party is the victim of the criminal verdict and the buyer of the property in the transaction intends to flee from the debt. The research method is based on a descriptive-analytical and applied method (judicial procedure). The main result is to prove the existence of the right of the third party affected by this rule.
