Criminal Law
Hamed Safaei Atashgah; Behzad Razavifard
Abstract
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors ...
Read More
Criminal laws and regulations criminalize only a part of harmful behaviors. If the study of crime is limited to behaviors that are considered crimes or violations according to laws and regulations, In that case, certain types of harms will become the "Off Limits" of criminal policy. However, many behaviors that are equally or even more harmful and are committed by powerful offenders are beyond the control of the criminal law. The interaction of Corporations and States has led to the emergence of a new type of crime called "State-Corporate Crime". Today this criminal partnership has led to the global climate crisis. While the harmfulness of anti-climatic behavior is very severe and at the level of "Catastrophe"; acts and omissions such as non-adherence to climate agreements and emission of greenhouse gases (GHG), which also occur "continuously" are not criminalized in domestic and international laws. By introducing the concept of "Climate Crime" as a library study, the present work sought to answer the central question that: According to what indicators climate crime is recognized? And how criminal policymakers can identify anti-climate behaviors as crime? What criteria should be followed to identify anti-climatic behaviors and criminalize them? According to the research findings, by putting "Harm" as the center of this crime and classifying it based on the severity and occurrence of climatic harms, these harmful behaviors can be identified as a crime. The victims of this crime are countries, islands, humans, the environment, animals, etc. Therefore, climate victims are clarified in the light of the "Harm-Oriented" index and the range of climate victims is developed with a focus of "Ecological Justice".
Criminal Law
leila goli; abdolali tavajohi
Abstract
Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources ...
Read More
Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources of the books we showed and used descriptive and analytical methods for considering criteria interfering behaviors criminalized in Alavia teachings.This research was shown that unsociable behaviors against five objectives: life, money, descent, wisdom and religion, has a reprimand ability, so interfering is necessity penal in these cases are undeniable, thus these aforesaid objectives are so essential policy, criminalization of incompatible and adverse behavior against five objects is way for reducing and controlling crimes on the light of criminalization rulers.Besides if there are other methods against crime excepting punishment, resorting to punishment is not correct and punishment has minimum use and is last way for using.
Criminal Law
Hossein Aghababaei
Abstract
A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating ...
Read More
A comparative study of emergency law with a look at the management of COVID-19 disease; from legal foundations to imposing criminal interventionGiven that one of the main functions of the political system is to protect citizens and ensure their security in the face of various accidents and dangers, regulating the mechanism of governing society in emergency situations is considered as a right and duty of the government. Emergencies change the normal course of life and require appropriate action. However, in a democratic political system, government actions in emergencies also need to be bound by law and procedures designed to manage the situation. Emergency rights are governed by regulations, management structure and procedures, and how the law is enforced in an emergency. In this article, with analytical-interpretive method, in examining the question that according to the models of dealing with the emergency situation in the law of the studied countries, is there an efficient legal system in Iranian law for managing emergency situations? The findings of the study indicate that although the existence of the mechanism of the Supreme National Security Council solves the problem of prescribed regulations and unforeseen conditions and the formation of the National Corona headquarters and the implementation of its resolutions are justified by the same logic, but according to Article 79 of the Constitution, and Benefiting from the experience of different countries, it is necessary to formulate emergency law. Comprehensive and efficient regulations that, by their automatic implementation, while managing the affairs of the country in an emergency situation, have the authority to make special regulations appropriate to the emergency situation and are responsible for regulating violations and determining the responsible body to ensure the certainty of law enforcement.
Criminal Law
AmirHassan Niazpour
Abstract
The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection ...
Read More
The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection of victims, rehabilitation of criminals and implementation of criminal justice responses have been mentioned to some extent. Despite, the participation of these institutions faces many challenges from different angles. Lack of clear legislative criminal policy regarding the participation of public institutions, skepticism among government institutions in order to interact with public institutions and use the capacity of these institutions to curb and respond to the criminal phenomenon, lack of public awareness of the capabilities of these institutions in the criminal justice is one of the most important challenges. Therefore, training judicial officials, interpreting laws to strengthen the participation of public institutions, preparing and drafting a comprehensive law to develop the use of the capacities of NGO s, and raising public awareness about these institutions are among the solutions and the " Instructions non-governmental institutions interact with the judiciary", which was approved to strengthen the participatory approach in the process of crime prevention and combating crime, can create an arena for strengthening the interaction of judicial institutions with NGO s. In this article, A) action-oriented and B) Reactive approaches to criminal policy in the Instructions are examined.
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, ...
Read More
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
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 ...
Read More
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,
