Criminal Law
Sayyed Hosein Ale Taha; Hosein Aghaei; aref bashiri
Abstract
There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood ...
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There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.
Criminal Law
Hassan Poorbafrani; asghar ahmadi; Javad Pouladi
Abstract
Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, ...
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Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, on hand is simple and on the other hand is difficult. It is simple since criminal responsibility of legal persons in Iranian Criminal Law has been accepted and also the real persons do not have distinctive character to allocate the concurrence rule for them. It is difficult since acceptance of criminal responsibility in Iranian Criminal Law is still young and transition from humanist look of Islamic Criminal Law to the persons, brings many challenges in the way of applying plurality of crime rules to the legal persons. On of the most important Challenges provided at article 20 of the criminal code is integration and extraneous nature of the legal persons punishment. These challenges put an stable obstacle in the way of execution of constructive plurality of crime rules. In addition to mentioned above, in accordance with article 134 of the criminal code related to the legal persons, execution of real plurality of crime rules has been met challenges such as not determination of aggravated punishment and then severity punishment and prosecutor’s authority in determination of tow punishment for legal persons. Above challenges would be made impossible execution of real plurality of crime rules on legal persons similar to real persons.
International Law
Mahnaz Rashidi
Abstract
US action in the assassination of senior Iranian and Iraqi military officials, including the martyred General Soleimani and Abu Mahdi Al-Mohandis, is a clear example of State terrorism and violates the most important rules of international law, including the right to life, prohibition of the use of the ...
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US action in the assassination of senior Iranian and Iraqi military officials, including the martyred General Soleimani and Abu Mahdi Al-Mohandis, is a clear example of State terrorism and violates the most important rules of international law, including the right to life, prohibition of the use of the force, respect for the sovereignty of the States and the principle of non-intervention in domestic affairs of other countries. Trump administration has also violated US domestic law by failing to comply with the Senate. One of the harsh revenge measures emphasized by the Supreme Leader of the Islamic Revolution can be a victory in the legal war and litigation in the courts. So, the main question in this article is, what is the legal basis for pursuing this case? The result of the descriptive-analytical study of the authors, by using the case study and utilizing library resources, shows that the most effective legal mechanisms are litigation before the international court of Justice (ICJ) under the Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (1973), as well as trying to establish a hybrid court, in particular by agreeing with UN General Assembly or organization of Islamic Cooperation (OIC). However, these measures require consideration of political and legal consequences of each method and before that, the Iraqi authorities' political will to cooperate with international organizations is the main condition for any action
Criminal Law
Hemmatolah Nadi Babaei; Hossein Gholami; Hassan HajitabaR; Mehdi Esmaeli
Abstract
One of the important issues related to child and adolescent crime is the adoption of a response pattern that can generally be considered in the four types of restorative, criminal, estimated, and rehabilitation. An attempt has been made to investigate the issue in the territory of the Iranian legal and ...
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One of the important issues related to child and adolescent crime is the adoption of a response pattern that can generally be considered in the four types of restorative, criminal, estimated, and rehabilitation. An attempt has been made to investigate the issue in the territory of the Iranian legal and judicial system using the field method. The methodology used in this study is qualitative and is based on the database method. The statistical population is composed of several judges of justice in Mazandaran province, assistants of the Correctional Center, and professors familiar with children's and adolescent rights. Samples were purposefully selected and an interview was used in data collection. The data were analyzed in two parts: descriptive and inferential. The results of this study have shown that in Iranian criminal policy concerning how to deal with juvenile delinquency, three types of response models, namely criminal, restorative, and rehabilitation models can be used and the estimated model has no place; However, how the criminal justice system deals with juvenile delinquency in Mazandaran province is sometimes maximal and sometimes minimal, so that in the judicial procedure of juvenile courts in Mazandaran province, the use of more than two models of criminal accountability and rehabilitation according to the age of identifiable individuals and the use of the less restorative model has been observed in judicial rulings.
Criminal Law
seyyed ebrahim ghodsi; Hossein Fazeli
Abstract
Although the Islamic Penal Code (enacted in 2013) has clearly recognized criminal liability for legal persons, only nine articles have been adopted in the Criminal Procedure Code (enacted in 2015) to investigate these crimes. Since, for many years, criminal responsibility for legal persons was not adopted ...
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Although the Islamic Penal Code (enacted in 2013) has clearly recognized criminal liability for legal persons, only nine articles have been adopted in the Criminal Procedure Code (enacted in 2015) to investigate these crimes. Since, for many years, criminal responsibility for legal persons was not adopted in Iran's Law (except for a few cases), it was not a big challenge to deal with these crimes. After recognition of criminal liability for legal persons in the Islamic Penal Code, many challenges will arise from a formal perspective in conducting preliminary investigations into the allegations against them; given that legal persons are abstract in meaning and because provisions adopted in the Criminal Procedure Code are essentially natural-person oriented. Presumably, these Challenges may include how to summon and prosecute a legal person, voluntary annulment of a legal person during preliminary investigations, issuance of judicial orders, and using certain favorable institutions such as filing a lawsuit or suspension of prosecution. The present study tries to analyze challenges through the analytic-descriptive method and to introduce recommendations to deal with them. These recommendations may include: Specifying suitable legal sanctions when a legal person's representative ignores presence in court; making judicial orders compelling; and consideration of legal sanctions to prevent violation of these orders.
Criminal Law
HOJAT NAJARZADEH AHARI; Mohammad Ali Ardebili; Nasrin Mehra; Mohammadali Mahdavi
Abstract
The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity ...
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The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity for governments. More than that the prevention of corruption directly relates to the legitimacy of each country’s political systems. Meanwhile monitoring the property of public officials is one of the tools of preventing and combating corruption in most countries. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of these crimes. Yet the best solution for overcoming this problem is to focus on the property of the officials. In line with global developments and the desire to keep up with the means of fighting with corruption, laws have been passed in Iran to stand against corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved by The Nation’s Exigency Council in1394 is one of the results. The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctioned. In short, the accepted standards of developed countries in combating against corruption are not included in the Iranian Law, and the need to resolve and correct the weaknesses of the law is strongly felt.
Private Law
Parviz Bagheri
Abstract
“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange ...
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“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange of information is a mechanism that arranges between the courts and beneficiary parties in the cases of the courts. This mechanism can promote the job satisfactory of judges, staff and parties. Mechanisms such as VCS, QMS, CMC and CAP are among the ways used by the legal system of many countries such as Malaysia, while the Iranian legal system has been partly failed to utilize such mechanisms. The present research through critical analysis method, tries to compare the two Iranian and Malaysian legal systems in using the e-court and legally scrutinizes the existed and future challenges of the green court application and gives some commentaries and suggestions.
Criminal Law
Baqer Shamloo; aref khalili paji
Abstract
In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with ...
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In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with the expansion of the criminal environment beyond the geographical boundaries of a country, the process of globalization has accelerated the progress of this crime. The invention of virtual currencies has accelerated the process in its own way. Virtual currencies that claim to be in line with conventional currencies, are trying to break the traditional taboos of production and distribution of money by governments and provide an informal currency with user-generated capabilities. This has led to the transformation of some of the traditional criminological concepts. White-collar delinquency is one of those concepts that has evolved with the expansion of virtual space and its specific tools, as some Scholars refer to as "virtual collar crimes." After examining the dimensions of virtual white-collar crimes, this study analyzes the tendency of virtual criminals to use virtual currencies in committing delinquency according to some criminal cases.
Criminal Law
Jafar Reshadati; Ali Rezaei
Abstract
In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance ...
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In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance of maintaining the place of judgment. From their point of view, the release of images and names of the convicts was also sensitive. From criminologists’ perspective, each punishment contains advantages and disadvantages. Meanwhile neglecting the purposes of scandal's pathology and Tash'hir, in Iranian penal system that is imposed on corrupt judges, leads to overcoming incommodities instead of gaining benefits. This article seeks to review the country's laws regarding to Tash'hir and recent approaches of the judicial authorities and to conclude that according to the current rules and doctrines, the public disclosure of corrupt judges may be more offensive than promoting.
Criminal Law
Mahmod Espanlou; kiomars kalantarian
Abstract
Compensations for rape is considered to be the fundamental rights of the victims in the criminal justice process and has various legal aspects, like Sprinkle virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl) as two most important examples. Studies on judicial procedure show that rape victims' ...
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Compensations for rape is considered to be the fundamental rights of the victims in the criminal justice process and has various legal aspects, like Sprinkle virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl) as two most important examples. Studies on judicial procedure show that rape victims' claim (particularly in women case), due to the strict process in proving the claim, results in acquittal of defendant. Thus, using descriptive-analytical method, in this study we examine the possibility of victim's appeal for compensation after acquittal in Islamic criminal law and judicial procedure in cases that the defendant is acquitted. Also, various assumptions that courts have had in the case of compensation of rape have been examined and analyzed by presenting various courts' verdicts on this issue. By analyzing criminal law and procedure we found that in Iran's criminal justice procedure, the victim's deserve to receive compensation is not necessarily based on the conviction of the defendant, because in many cases in spite of the exculpation of defendants, courts have found the woman deserving the compensation e.g. Sprinkle virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl). The courts have discriminated between the victim's consent on the case of a murder had punishment desired by the legislator and the victim's consent that they recognize the victim deserving the compensation. This paper describes the concept of real consent and pretending to consent and their characteristics from the jurisprudential and legal point of view, and proves the duality of these concepts, that makes it clear that not only acquittal of the rape charge does not mean that the victim deserves no compensation, but also in the cases that unreal consent is confirmed, the woman is entitled to damage.
Criminal Law
hasanali moazenzadegan; Ghodrat Mirfardi
Abstract
By enacting the Islamic Panel code (act 2013) the Iranian legislator emphasized on the adoption of alternative community-based responses to children crime and this is known as a special attitude. This community punishment available in article 88, 89, 90 and 94 of the code, clearly shows this new attitude. ...
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By enacting the Islamic Panel code (act 2013) the Iranian legislator emphasized on the adoption of alternative community-based responses to children crime and this is known as a special attitude. This community punishment available in article 88, 89, 90 and 94 of the code, clearly shows this new attitude. The community punishment order (CPO) was first introduced as the community service order under the provisions of the Criminal Justice Act 1972 and it is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000. The community punishment and rehabilitation order (CPRO) were introduced by the Criminal Justice Act 1991 and is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000 and is, in essence, the engagement between the community punishment order (CPO) and the community rehabilitation order (CRO). However, that legislative approach in the form of criminal policy reform social circuit judges to apply the most promising approaches based on care and correct response, but this approach has several challenges faced judicial proceedings. Effective implementation of these responses can be as effective.
Criminal Law
Alireza Mirkamali; Mostafa Abdollahi Neysiani
Abstract
The basis of intentional crimes is the criminal’s will. A person who does not dominate his/her behavior should not be punished legally. One’s awareness to the element and circumstances of the crime, which is usually mentioned in the legal definition of crimes and is a part of the actus reus, ...
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The basis of intentional crimes is the criminal’s will. A person who does not dominate his/her behavior should not be punished legally. One’s awareness to the element and circumstances of the crime, which is usually mentioned in the legal definition of crimes and is a part of the actus reus, is not an exception to this rule. Punishing the accused is justified only when his/her awareness of the circumstances and the knowledge of the consequences is proved. These circumstances are sometimes confused with the conditions known as the "aggravating circumstances". In addition, there is a widespread disagreement about the impact of science on aggravated qualities in criminal law and doctrine. There are no specific procedures in the criminal law and doctrine regarding to the provision of a criterion for distinguishing between these two types of conditions, and the necessity of intention of the aggravating circumstances. While aggravating circumstances, and the necessity of intention may have a significant impact on criminal liability. In this article, the criteria for distinguishing between these two types of conditions is offered, in addition to noticing the suitable level of the aggravated punishment. Based on the general principles of criminal law, and according to Article 155 of the Islamic Penal Code and the judicial procedure in the United States, the necessity for intention to aggravating circumstances of crime, is strengthened for increasing criminal liability.
Criminal Law
Abdolreza javan jafari; mohammad norozei
Abstract
Media play an important role in responding to crime at different stages of criminal prosecution. The legislator's initiative in Article 96 of the Iranian Code of Criminal Procedure, is a clear indication of the activities of mass media in the preliminary research phase. According to this regulation, ...
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Media play an important role in responding to crime at different stages of criminal prosecution. The legislator's initiative in Article 96 of the Iranian Code of Criminal Procedure, is a clear indication of the activities of mass media in the preliminary research phase. According to this regulation, media with the release of the accused person's identity, have a significant role in advancing the preliminary research process. In fact, with the escape of the accused, the proceedings of the prosecutor's office will stop and by publishing the specification of the accused and arresting him/her again the prosecution will continue. On the other hand, with the media spreading and sharing the defendant's identity, especially where he/she has convicted numerous crimes, the victims will have the opportunity to lodge a lawsuit for his/her prosecution. Of course, the legislator, in view of the disadvantages of this operation, limits the media by series of legal rules. While explaining the functions and objections of the media to the identity of the accused at the research stage, the main purpose of this paper is studying these criteria to prevent any irregularities. The methodology of this research is descriptive, analytical and critical and has been used with genuine library resources. According to this study “The insertion of the accused's profile in the media has a judicial nature”. Yet it is necessary to ratify "The Executive Order of the Mode of Dissemination of the Defendant’s Identity" code, which includes such things as the rightful media to publish identity, number of ads published etc. and is developed by experts.
Criminal Law
hasan vakilian; davar derakhshan
Abstract
Prevention and management of conflict of interest in the judicial system is one of the ways to reduce corruption in both judicial and political-administrative system. Different countries often anticipate and control conflicts of interest in justice system. Countries like the Islamic Republic of Iran, ...
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Prevention and management of conflict of interest in the judicial system is one of the ways to reduce corruption in both judicial and political-administrative system. Different countries often anticipate and control conflicts of interest in justice system. Countries like the Islamic Republic of Iran, the United States of America and the United Kingdom each have some laws and regulations in their legal system. By comparing the approach of the mentioned countries, it can be concluded that the early identification of the concept of conflict of interest by the United States and Great Britain, has led to drafting, adopting and enforcing the laws much earlier in regard to Iran. Thus the conflict of interest in the judicial system of these countries has been decreasing. Judicial and public officials have also had a great deal of interest in managing conflicts of interest by knowing and understanding this issue. But in Iranian legal system, the independent concept of conflict of interest has not yet succeeded in finding its proper position in the laws. As a result, the country has not witnessed a significant process of managing conflicts of interest in the judicial system. Nonetheless, disparate laws and regulations that involve preventing and combating conflicts of interest have failed to provide effective management of conflicts of interest in the absence of some of the key elements in managing this issue, such as declaring assets or supporting effective disclosures. The lack of comprehensive legislation and the effective and transparent implementation of existing laws, bring more to the current problems of conflict management in the justice system.
Criminal Law
Mehrnoosh Abozari
Abstract
Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have ...
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Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have remained controversial. From the point of view that the Atomic attitude towards the initiation of criminal responsibility is absolute in the girl of 9 years and in the 15-year-old boy of the whole lunar age, or that the formation of criminal responsibility and the readiness of the acceptance of punishment are gradual, Each stage of development is progressively graded, from the mild to the full scale.This is due to the author's view of the dominance of Aristotelian logic in the legislator's view that the adoption of a fuzzy view and application of this view in the discussion of the age of criminal responsibility can be categorized by criminal responsibility and the punishment of perpetrators by category. Shape their age and guide cohesion in legislator performance and judgment towards discriminatory criminal policy. By doing this research, the author is trying to investigate the feasibility and the way of applying fuzzy attitude in the age of criminal responsibility. Does this attitude contribute to the development of a child and adolescent support system and the integrity of the process? Therefore, while explaining the fuzzy attitude and the necessity of its application in different domains, its rules in the area of criminal responsibility are presented by fuzzy diagrams and fuzzy inference system, so that the necessity of applying fuzzy attitude and how to apply fuzzy calculations in drawing the relationship with age are presented. State the degree of criminal responsibility and the type of punishment and the benefits.
Criminal Law
majid sadeghnejad naeiny; Sakineh Khanalipoor
Abstract
One of the steps in the completing of criminal behavior which is response with criminal sanction is attempting. Attempting which is the closest stage to crime is defined as a stage which if there is no obstacle, the crime will end. Response to this behavior is done by various ways. The legislature In ...
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One of the steps in the completing of criminal behavior which is response with criminal sanction is attempting. Attempting which is the closest stage to crime is defined as a stage which if there is no obstacle, the crime will end. Response to this behavior is done by various ways. The legislature In the Islamic Penal Code 2013 in spite of later codes has tried to regulate the punishment of it to achieve a consistency in verdicts. Irrespective of this positive approach, sentencing in Attempting in Crime with Multiple and Discretionary Penalties are challengeable and bring about difficulties for judges. This research whit Descriptive-analytical method has implied the legislation and judicial problems of sentencing in Attempting and tried to answer to this question that how is the sentencing in Attempting in Crime with Multiple and Discretionary Penalties. In this regard, there are several ideas which all of them concentrate on a special basis. These ideas are discretion of judge approach, the Criterion the most severe punishment and Criterion the mildest punishment. Findings of this study show that according to interpretive principles and focused on current ideas, about every crime which punishment is Discretionary, the judge has this discretion in attempting too. However, for avoiding different verdicts, the nature of committed crimes and criminal policy about them must be considered.
Criminal Law
ALI SALEHI; Seyed mahmoud Mirkhalil Mirkhalili; Doraid Mousavi Mojab
Abstract
Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. ...
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Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.
Criminal Law
Ali Azizi; Mohammad Farajiha
Abstract
AbstractAfter various approaches dealing with the crimes, some countries in common law legal system have adopted a therapeutic-judicial approach and established courts called "problem-Solving courts". The first model of these courts was Miami-Dade County Drug Treatment Court in 1989 which with a therapeutic-judicial ...
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AbstractAfter various approaches dealing with the crimes, some countries in common law legal system have adopted a therapeutic-judicial approach and established courts called "problem-Solving courts". The first model of these courts was Miami-Dade County Drug Treatment Court in 1989 which with a therapeutic-judicial approach was trying to address the offenders' underlying problems with addiction or substance abuse issues. The idea of adopting this model in the criminal justice and health care systems led to planning and implementing a pilot project in Iran named "Iranian Drug Treatment Court" jointly by the Judiciary and the State Welfare Organization in 2017. This article with emphasis on Tehran Drug Treatment Court seeks to evaluate and analyze the process of "planning" and "implementing" of this model in Iran by using a "descriptive-analytical" method and reviewing all documents written for this project as well as other related regulations. The results of the research show that the common law model of drug treatment courts has not been correctly adopted, and problem solving principles and their legal capacities in Iran have been somehow neglected. Meanwhile, the project has not been completely implemented in accordance with the criteria and indicators specified in its relevant documents.
Criminal Law
Hasan Poorbaferani
Abstract
In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established ...
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In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established by law and to have a qualified attorney familiar with due process present. The other right is the independence and impartiality of the court and the timeliness of the hearing. The safeguarding of these rights both in relation to the accused and the plaintiff is imperative, for failure to do so shall undermine public trust in the legal system with dire consequences. The main question of this paper is whether the fair trial criteria, particularly the ones mentioned above, are satisfied in the case of medical malpractice victims in Iran’s current criminal law. To find a conclusive answer to this research question, the present paper shall apply the three criteria of hearing by a competent court, independence and impartiality of the court, and hearing within a reasonable time to medical malpractice cases in Iran.
Criminal Law
farid mohseni; reza rahimian
Abstract
The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the ...
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The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the type and amount of punishment will have a fundamental impact on the criminal justice system and achieve its stated goals. The lack of comprehensive guidelines for determining punishment in the Criminal Code has led to the formation of non-consistent procedures in Iran's criminal tribunals, which not only resulted in the maximum and unjustified use of penalties such as imprisonment, but, depending on the kind of persuasive or exaggerated judgment, the issuing judge , Has led to the "happening of justice", while the type of crime and its effects are the same and the same. Hence, the principled and scientific procedure for the issuing of criminal sentences requires, on the one hand, comprehensive and precise review of the courts of appeals against the judgments of the first courts. On the other hand, at the level of legislative criminal law, the legislator should be in a set Use legal materials to determine the principles of the Code of Conduct for Determining Penalties to prevent unequal treatment in judicial procedures.
Private Law
Abdolvahid Zahedi; samira sargezi
Abstract
Abstract In the current legal system, despite the fact that for many years has been found the importance of procedure of proceedings to be in the strict sense of the law; But the legislator has not yet accepted that these two types of law have the same significance. On the basis of this refusal, Violations ...
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Abstract In the current legal system, despite the fact that for many years has been found the importance of procedure of proceedings to be in the strict sense of the law; But the legislator has not yet accepted that these two types of law have the same significance. On the basis of this refusal, Violations of the substantive rights always invalidate the verdict of the court, but violations of the procedural rights invalidate the verdict of the court when they are of such importance as to invalidate the vote. But there is a question, what are these high-ranking ceremonies? can be used Various criteria to identify these principles. However, the criterion of effective criminal procedure is more consistent with the current law and the former laws, while the criterion of the basic principles of the proceedings is more in line with the objectives of the criminal procedure.Key words: Principles of procedure, procedural procedures, Principles with high degree of importance, effective criminal procedure
Criminal Law
mohammad yaghobi zarandini; Saeid Ghomashi; Ali khodadi
Abstract
Structural Fields Of Judicial Crimes In Judges Of IranAbstractThe commission of judicial crimes by judges expresses the existence of defects in the judiciary and the personality of the judge. By dividing these objections into structural and individual, it seems that the impact of structural factors on ...
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Structural Fields Of Judicial Crimes In Judges Of IranAbstractThe commission of judicial crimes by judges expresses the existence of defects in the judiciary and the personality of the judge. By dividing these objections into structural and individual, it seems that the impact of structural factors on the occurrence of such types of crime is more than individual factors. The structural elements are intended to cover a wide range of issues related to employment, training, pay and benefits, and how to manage the judiciary. In this research, in addition to the documentary method, by conducting qualitative interviews and conducting questionnaires from 130 judges of the judiciary, the structural contexts of the crimes committed by judges of Iran were comprehensively and objectively analyzed and criticized. During that time, suggestions will be submitted. Based on this, proper selection and election, useful training, essential in-service training, strengthening of judicial independence, the preservation of elites and qualified judges, increasing job attractiveness, along with transparency and accountability of the judiciary, are effective in maximum decrease of crimes in judges of Iran.Keywords: Judicial crime , Judicial corruption , White collar offender , Structure
Criminal Law
abas zeraat; seyed ali moosavi baygi
Abstract
The individualization of custodial arrangements, such as the individualization of punishment, means the imposition and enforcement of criminal penalties commensurate with the nature of the offense or the characteristics of the offender as predicted in international human rights instruments in the international ...
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The individualization of custodial arrangements, such as the individualization of punishment, means the imposition and enforcement of criminal penalties commensurate with the nature of the offense or the characteristics of the offender as predicted in international human rights instruments in the international arena. The issue of criminal service contracts is a human protected by the principle of innocence and as a defendant and not a convicted person in the case, and therefore observing his dignity and his particular situation in issuing this sentence is more than the personalization of punishment and respect for the offender who is charged He proved to be important. Nevertheless, this part of the judicial decisions for the accused, in spite of the individualization of punishments, is less relevant to legal texts.The foundations for the individualization of custodial contracts are found in various theories of criminology and the legal principles enshrined in international documents and various regulations. Also, how to apply this, namely, proportionality or inappropriateness in the determination of general supply arrangements and the appointment of unnecessary arrest warrants in a specific sense, has explicit criteria in international documents, which necessitates these criteria as well as the degree of alignment of the Iranian legislator with that study And existing regulatory gaps
Criminal Law
rasool ahmadzadeh; zahra mashayekhi
Abstract
From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's ...
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From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's will so that the initiation, pursuit, prosecution and enforcement of the sentence is subject to the plaintiff's complaint and failure to pass. The present study deals with one of the assumptions regarding the plaintiff's expulsion announcement that, prior to the expiration of the pledge, agreements are reached between the plaintiff and the custodian. In this research we will seek to answer the question of what is the legal nature of the past and can previous agreements be constrained? Our hypothesis is that forgiveness is inherently a kind of will, and although the agreements reached can make it a condition, it has virtually no effect on the judicial process.
Criminal Law
Ali Rahmati; Hossein M. M. Sadeghi
Abstract
According to reports from international institutions and organizations, including Human Rights Watch, High Commissioner for Human Rights and Amnesty International, Myanmar Muslims, and in particular the ethnic and religious minority of Rohingya Muslims, have been pursuing discriminatory policies and ...
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According to reports from international institutions and organizations, including Human Rights Watch, High Commissioner for Human Rights and Amnesty International, Myanmar Muslims, and in particular the ethnic and religious minority of Rohingya Muslims, have been pursuing discriminatory policies and the criminal acts of the Myanmar government and its Buddhist residents since decades. Meanwhile, the recent human tragedy and the terrible crimes committed against the Rohingya Muslims, which have been accompanied by the government of Myanmar and the military regime of the country, have more and more been faced with the response of the international community. Given the correspondence of these crimes with actus reus and mens rea of the crime of genocide and crimes against humanity, prosecution of those perpetrators at both national and international levels is debatable. At the national level, the Myanmar Courts, based on two principles of territorial jurisdiction and nationality jurisdiction and third countries courts based on the universality principle (Subject to the identification of such a principle in their internal laws) may interfere. More importantly, the mechanisms available at the international level include the referral of the status to the International Criminal Court or the formation of the Particular International Criminal Court by the United Nations Security Council. In addition, there is also an intermediary mechanism, which is a hybrid or internationalized court that can be formed on the basis of an agreement between the Government of Myanmar and the Security Council. In this paper, the pros and cons of each of these courts is reviewed in order to handling of recent crimes committed in Myanmar.
