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
mohsen esmaeili
Abstract
One of the types of Ownerships’ Trusts is loan that is the result of a contract and agreement between the parties (owner and trustee). According to Iranian Civil Code Articles there are twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have ...
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One of the types of Ownerships’ Trusts is loan that is the result of a contract and agreement between the parties (owner and trustee). According to Iranian Civil Code Articles there are twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have been measured as trust contract. This article is intended to answer this critical question that: “Do these twelve examples have a Limitative aspect and as a result, It cannot be added to the number of Nameless Contracts or they are merely examples of Nominated Trust Contracts and don’t prevent the formation of Trust Contract based on article 10 of the Civil Code? This disagreement over the scope of transactions or the freedom of will in creating new form of transactions, is not a new discussion. But the origin of this question, is the different interpretation of Article 631 made by lawyers. Some of them support the theory of the limitative contract of trust and others disagree with it. The third theory, which is presented in this article, is “Implies non-limitative”, an idea stronger than “Not implying to limitative”. The practical result of this answer, is the validity of new types of Nameless Contracts Which have become so common nowadays and the parties wish to arrange the effects of the trust on them.
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.
Information Technology Rights
leila raisi; flore ghassemzadeh liyasi
Abstract
Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish ...
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Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish an effective legal system by reforming the laws and regulations as well as creating special methods. The current research using an analytical-descriptive method is looking for the challenges which the Iranian legal system is facing, to prevent the violation of the privacy and personal data in cyber space. The findings of the research show that although the policy makers have an attention to the rights of the citizens, and could be assessed positively, but some challenges still remain. In order to remove these challenges, the government should enact appropriate and effective laws and regulations suitable for cyber space requirements. In enacting such laws and regulations, international human rights rules and international documents and norms need to be considered.
Private Law
saeed habiba; zahra shooshtari
Abstract
Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” ...
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Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” are used as the ways to escape from being defeated. Given the ambiguity of the concepts of public order and arbitrability, especially in intellectual property law, and the differing views of other countries on these issues, we sought to examine what is the relationship between the concept of public order and arbitrability in the intellectual property disputes referred to arbitration. The result was that there was a split. Some have supported the theory of conformity of public order and inarbitrability. In contrast, other writers have arguments about the fundamental difference between the two.
International Law
Majid Ghamami; Aliasghar Saneian
Abstract
If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court ...
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If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court in another country shall be recognized or enforced if such agreement is valid under the law of the court of foreign judgment. The method of this article is analytical-descriptive and its result shows that such an agreement is generally neither contrary to public judicial policy nor contrary to the rules of internal civil procedure in determining the jurisdiction of courts, unless the agreement is not valid in terms of law (unlawful), such as the choice of court agreement is the case in the exclusive jurisdiction of another courts of country. Also, if this agreement has been concluded fraudulently or unfairly or by fraud, then it is not valid. Plus, if the chosen court of the two parties is not related to the elements of the dispute, the court can, due to the lack of a reasonable and legitimate interest and to avoid imposing court costs on its respective country, consider such jurisdiction invalid and refuse to hear the case; But if the judgment is issued, recognition and enforcement of it in abroad, depends on the court's opinion of the legitimacy of this type of agreement.
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.
Private Law
Abbas Mirshekari
Abstract
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, ...
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The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, according to the United States of America’s law, right of pre-emption is recognized. Publicity Right means that exploitation of another personality with his permission. Although the scope of this right includes both celebrities and ordinary people, but it is claimed mainly by famous people to fence their interests. Although there is no doubt about this right but there are disagreements over its realm: “Can an exception be made for this right or, any possible use of another personality is subject to the permission of the person?” In American law, full implementation of this right is known as a violation of freedom of expression. For this reason, this right has been modified and, in particular, its boundaries have been defined by freedom of expression. The most important challenge in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity and transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the USA legal system.
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.
Family Law
hadi VAHIDI FERDOUSI; ZAKIE NAEEMI
Abstract
The effectiveness of the family law, depends on its efficiency in the society. Any incompatibility of the social and legal system governing the family, will prevent this from being carried out. This damage, which can be observed right now in our legal system, is due to factors that wrong way of enacting ...
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The effectiveness of the family law, depends on its efficiency in the society. Any incompatibility of the social and legal system governing the family, will prevent this from being carried out. This damage, which can be observed right now in our legal system, is due to factors that wrong way of enacting the law is the main element among them. It seems that attention to reality and the study of social studies in a scientific manner, can increase the effectiveness of family law and bring it closer to its main goal. Sociological and historical studies can be leading in this regard. For this reason, we have first provided the historical data needed for this analysis by stating the legislative process in the field of family law, from the constitutional period to the present. The main purpose of this article is to try to provide a solution to increase the effectiveness of the law, and in view of the historical experiences described, we will briefly introduce and propose the "empirical study of law" for this purpose.
