Criminal Law
Ataollah Roudgar kouhpar; behzad Razavii fard
Abstract
Ataollah RudgarAbstract:Combating crime, denying the offenders of proceeds and incomes, compensating for damages and restoring criminal assets to the legitimate owner, requires close cooperation between countries. Meanwhile, there are numerous political, economic, social, legal and even technical factors ...
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Ataollah RudgarAbstract:Combating crime, denying the offenders of proceeds and incomes, compensating for damages and restoring criminal assets to the legitimate owner, requires close cooperation between countries. Meanwhile, there are numerous political, economic, social, legal and even technical factors that prevent them from achieving these goals. But the importance of co-operation between countries and the need to confront crime offenders and international obligations of countries requires that these factors do not prevent cooperation. In this regard, countries, with due regard to the necessity of the matter and in accordance with the recommendations of international instruments, in order to motivate for active participation of States and organizations in the process of prosecution and cooperation for the seizure and extradition of property derived from crime, by ratification Internal laws, the establishment of bilateral and case agreements, and practical procedures created new rules ,named »fair sharing of property and proceeds from crime«. To each of them, in proportion to their participation in the operation, they split a percentage of the confiscated property, which has been effective in practice as a new strategy for cooperation between countries, and so far billions of dollars in cash and property and proceeds which are driven from the crime, Had been taken from the offender of the offense and was returned to the legitimate owners or shared between the parties who have collaborated, which has also been very effective in countering offenses, in particular the prevention of corruption in the governorates.
Criminal Law
soodabeh Rezvani; Maryam Ghanizade
Abstract
Violence against women is an ancient and rather widespread phenomenon in all societies. More than the high rate of different sorts of physical, mental, sexual and economic violence against women, the crucial issues which demand women's support are the black figure of violence, the necessity of family ...
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Violence against women is an ancient and rather widespread phenomenon in all societies. More than the high rate of different sorts of physical, mental, sexual and economic violence against women, the crucial issues which demand women's support are the black figure of violence, the necessity of family member's support and violated women's treatment in order to prevent its repetition. Nowadays, regardless of the need or no need for social-based intervention, various attempts have been made to protect women at the risk of domestic violence or violated ones, by governmental organizations and NGOs. Designing "safe house" is a sample for protection. The fundamental role of safe houses in the protection of these women by presenting long and short- terms supports has not already been under the spotlight of scholars. Hence, the authors in this paper firstly have discussed the background and the features of safe houses in the countries such as Canada, USA, etc. In the second step, different responsible people in the governmental and non-governmental safe houses in the city of Tehran have been interviewed and their safety instructions are analyzed. The third step is to consider the supportive characteristics of these houses and their challenges such as the lack of physical space and the professional staff, low budget, etc. The findings emphasize the importance of safe houses in Iran, enhancing their situation by means of inclusive education, public awareness and all parts of the society's supports to present qualified programs in legal, psychological, medical, etc. aspects.
Criminal Law
Seyed Hossein Hosseini; mohammad soltani; sadegh safari
Abstract
What is clearly apparent in the law on the reform of the Counter Narcotics Law is the excessive resort to severe penalties, including lengthy imprisonment and execution in legal textsBut the case-law in this regard suggests that, despite the fact that according to the legal texts on many offenders in ...
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What is clearly apparent in the law on the reform of the Counter Narcotics Law is the excessive resort to severe penalties, including lengthy imprisonment and execution in legal textsBut the case-law in this regard suggests that, despite the fact that according to the legal texts on many offenders in this area, severe sentences of execution or life imprisonment should be issued and enforced, but in many cases we are witnessing this. That such sentences are not issued at the initial stage or, if the Revolutionary Courts decide to issue such sentences, these sentences are not usually approved and enforced, and only limited cases that are enforceableIn this research, the authors have analyzed samples of convictions in this regard in order to illustrate the inconsistency of the criminal and legal criminal law in the area of drug crimes, and in view of what the criminals are for a computation Precisely provokes the investigation of the execution of a sentence, not the severity of the sentence written in the legal texts,
Criminal Law
Nasrin Mehra; Gholamreza Gholipour
Abstract
In the dignity-oriented model of proceedings, the accused or suspected person enjoys some fundamental rights which cannot be taken away from him/her merely by him/her being arrested, accused or apprehended. One of these rights is the right to wear personal, normal, optional clothing; this shall be in ...
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In the dignity-oriented model of proceedings, the accused or suspected person enjoys some fundamental rights which cannot be taken away from him/her merely by him/her being arrested, accused or apprehended. One of these rights is the right to wear personal, normal, optional clothing; this shall be in a manner which no entity or agency is authorized to deprive him/her of this right and coerce him/her to put on “criminal garb. This is so due to the fact that until is proven otherwise, the accused is assumed innocent and his/her outfit shall represent this state of guiltlessness. It means, the accused shall be treated under the aegis of the presumption of innocence not the presumption of criminality; ergo, the outfit of the accused plays a significant role in his/ her quality of defense, the judicial decision and the public judgment. Notwithstanding, in the proceedings of the current Iranian criminal justice system, the accused is forced to wear criminal clothes— something that leads into them and their relatives being subject to negative labelling and misjudgment. Apropos of the question “what is the legal base of the current practice”, the present study identified that not only the current practice is not in harmony with the national codes and the international standards, but also it is in conflict with the strategic principles of the criminal procedures, particularly human dignity, the presumption of innocence, procedural legality, equality of arms, impartiality and the protection of citizenship rights. In this regard, it is a particular desideratum that the present practice gets more aligned with the universal standards and the strategic principles.
Criminal Law
RAHIM NOBAHAR; iraj khalilzadeh
Abstract
This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find ...
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This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find the ways of conflict resolution in case of conflict in implementation of punishment. The article emphasizes that one decisive criterion for conflict resolution in implementation of punishments in Islamic jurisprudence is the priority of those relating to God’s rights over those containing people’s rights. The article has shed light on the nature of God’s rights (Hagh Allah) punishments and people rights (Hagh al-Nas) punishments and the examples of each category. The article explains evidences in favor of priority of people rights over God’s rights and criticizes the position taken by Iranian penal code over the issue. At the end, the article suggests proposals for improvement of the related articles and regulations in Iranian criminal law
Criminal Law
Abbas Zera'at
Volume 70, Issue 55 , June 2006, , Pages 11-38
Abstract
Forgivable crimes are of complicated matters in Iranian criminal law because there is neither a credible criterion for their recognition nor a specific penal policy in this regard. According to the article 23 of the Islamic Penal Code, the forgiveness must be non-conditional, could not be revoked and ...
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Forgivable crimes are of complicated matters in Iranian criminal law because there is neither a credible criterion for their recognition nor a specific penal policy in this regard. According to the article 23 of the Islamic Penal Code, the forgiveness must be non-conditional, could not be revoked and divided, and could be assigned to another. However, there are issues to be examined; e.g., the nature of the forgiveness, the holders of the right, the impact of the right on prosecution, investigation and trial (before or after the conviction and enforcement of the sentences), the volition of the accused or convicted, its divisibility in case of multiple perpetrators, and multiplicity of crimes.
Criminal Law
Behzad Razavifard
Volume 70, Issue 55 , June 2006, , Pages 39-74
Abstract
The fate of the Hodoud in the Time of the Twelfth Imam Absence has always been a concern among the recent and precedent Islamic Jurisprudents. From the theological standpoint, if one considers the Imam Absence an emergent situation, the Hodoud will not enforced and the Islamic Velayat of ...
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The fate of the Hodoud in the Time of the Twelfth Imam Absence has always been a concern among the recent and precedent Islamic Jurisprudents. From the theological standpoint, if one considers the Imam Absence an emergent situation, the Hodoud will not enforced and the Islamic Velayat of the Jurisprudents will obviated. If one regards the Absence as an expedient policy, however, the Hodoud could not be obviated. Therefore, some seemingly pursue the complete formation of the Islamic society as a part of the important governmental commands (a maximum perspective). Others intend to safeguard the society against the mischief and evils through supporting the enforcement of the punishments as well as considering the principle of social justice.
