International Criminal
Hassan Poorbafrani; Zahra Shokati Ahmadabad; Mohammadhasan Maldar
Abstract
Transferring convicts to prison is oneof the almost new forms of judicial cooperation.The ever-increasing communication has doubled the need to use this institution.Iran also paid attention to this matter by concluding the treaty on the transfer of convicts with Azerbaijan in 1378.Although the process ...
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Transferring convicts to prison is oneof the almost new forms of judicial cooperation.The ever-increasing communication has doubled the need to use this institution.Iran also paid attention to this matter by concluding the treaty on the transfer of convicts with Azerbaijan in 1378.Although the process of concluding these treaties is increasing in the country today,there is always the question of whether the approval of a special law in this field is not necessary.And if there is a law, wouldn't it be easier to solve the problem of transferring Iranians sentenced to prison in other countries and vice versa? Using the descriptive-analytical method and library tools, the upcoming research, in addition to examining the reasons why legislation is not necessary,also explains the reasons for its necessity.The result is such that the adoption of a special law in this field is not useless,because it can help in the process of transferring convicts and their procedure.However, considering the serious obstacles in the way of this legislation, the least action can be the creation of a model document by the country so that it has the necessary policies in mind before entering the stage of creating rights and obligations in the field of treaties.
Abstract
AbstractJurists of practice physicians and specialists who practice he provided to sick leave, in accordance with the provisions of medical and technical standards, in other words without fault, causing damage to the patient, are attached to two terms. Islamic Penal Code in 1370 to follow the doctor's ...
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AbstractJurists of practice physicians and specialists who practice he provided to sick leave, in accordance with the provisions of medical and technical standards, in other words without fault, causing damage to the patient, are attached to two terms. Islamic Penal Code in 1370 to follow the doctor's first responsibility was accepted as pure and without fault. Therefore, in the absence of negligence or fault of doctors in science and practice, there is no guarantee. The present article tries to defend the position and to explain the article 495 of the Penal Code Act 1392 is organized.Jurists of practice physicians and specialists who practice he provided to sick leave, in accordance with the provisions of medical and technical standards, in other words without fault, causing damage to the patient, are attached to two terms. Islamic Penal Code in 1370 to follow the doctor's first responsibility was accepted as pure and without fault. Therefore, in the absence of negligence or fault of doctors in science and practice, there is no guarantee. The present article tries to defend the position and to explain the article 495 of the Penal Code Act 1392 is organized.
Criminal Sociology
fatemeh hosseini; Marzieh Mohamadi
Abstract
Juvenile delinquent" refers to a person who is legally capable of committing a crime and has the minimum age of criminal responsibility. Juvenile delinquency is a growing concern that requires therapeutic and supportive intervention models rather than a punitive approach The rehabilitation and correction ...
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Juvenile delinquent" refers to a person who is legally capable of committing a crime and has the minimum age of criminal responsibility. Juvenile delinquency is a growing concern that requires therapeutic and supportive intervention models rather than a punitive approach The rehabilitation and correction of juvenile delinquents requires individual and community-oriented correctional laws with high executive guarantee, trained people and restorative proceedings. Otherwise, not only will the repetition of the crime be prevented, but it will help to speed up the return of this teenager to the justice system. The present research, by examining the lived experience of the delinquents juveniles in the judicial process, tried to highlight the issues of juveniles and the way the judicial system behaves in dealing with them. Investigating the lived experience of teenagers in the judicial process and the pathology of juvenile proceedings. Because it is important from a scientific and professional point of view for the field of social work. Due to the existence of various laws regarding the intervention of social workers in the process of juvenile delinquent proceedings, it is necessary for social workers to know the status of juvenile proceedings, and this research is effective in helping the society and the judicial system in order to prevent recidivism and empowering juvenile delinquents.The qualitative research method is thematic analysis technique. Thematic analysis was used to describe the trial experience of delinquent teenagers, because thematic analysis is more related to the lived experience and daily life than other existing strategies. This analysis identifies the meaning of human experiences about a phenomenon as described by the participants in the research and provides the possibility to gain a deeper understanding of people's experiences about that phenomenon. Data collection was done through in-depth and unstructured interviews. In order to obtain rich information, the researcher helped each teenager to express their narratives in a calm and safe environment and to tell about their experiences in the process of proceedings from arrest to sentencing. In this research, 16 teenagers were interviewed and the interview process continued until the answers were duplicated. In fact, theoretical saturation was achieved. The method of analyzing these findings is analytical and interpretive. Finally, the aggregation of these findings was analyzed. Data analysis was done in three main steps of coding: open coding, selective coding and axial coding. Findings: In this research, three main categories of inefficiency of the judicial system, helplessness of teenagers and lack of social justice advocacy were found. The ineffectiveness of the judicial system means the lack of institutions such as skilled and committed legal counsel, social workers, and children's police, the lack of social and legal support for teenagers in economic problems related to bail and ransom and getting a lawyer even to help teenagers and their families. In obtaining relevant information, he leads to the confusion of the teenager and the delay of proceedings. The innovation of this research is that the pathology of the judicial process of juveniles in Iran has been investigated from a psycho-social point of view and from the point of view of the stakeholders, i.e. juveniles who are under the law. Conclusion: According to the examination of the experience of teenagers, they are so worried after the trial that they almost always feel anxious. They are afraid that the same thing will happen again and if they fight, they will go to court again. Due to the lack of familiarity with legal issues, teenagers think that as soon as they enter the court, it will be considered a bad record for them and their career and social future will be in danger, they become anxious. This type of proceedings not only does not prevent the teenager from committing the crime again, but also turns him into a helpless person who is prone to all kinds of injuries. Instead of improving its effectiveness as a crime prevention system, this system has degraded and degraded the youth's self-esteem and labeling them, ultimately leading to isolation, social rejection and helplessness of the youth. In fact, a system that aims to reduce recidivism actually puts the teenager on the path to re-offending.
Mostafa Jabbari
Abstract
تصور کنیم در پروندة قتل عمدی ولی دم خواستار قصاص شده و حکم برابر قوانین صادر شده و قرار است اجرا شود ، پس از لحظاتی از اجرا و پیش از آن که مجرم "ازهاق نفس" شده وزندگیش پایان ...
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تصور کنیم در پروندة قتل عمدی ولی دم خواستار قصاص شده و حکم برابر قوانین صادر شده و قرار است اجرا شود ، پس از لحظاتی از اجرا و پیش از آن که مجرم "ازهاق نفس" شده وزندگیش پایان پذیرد ولی دم اعلام گذشت می کند و نیروهای حاضر در صحنه برای پایین آوردن محکوم علیه از دار مجازات تلاش می کنند. این احتمال قویا وجود دارد که مجرم آسیبی جدی دیده و متحمل ضرری در بقیه دوران حیات خود شود. البته تردیدی نیست که دامنة این دیگران و حتی جامعه را هم فرا می گیرد. بدین سان اولین پرسش این است که آیا اصولاً ولی دم می تواند در این مرحله اعلام گذشت کند؟ برای احتراز از تبعات ناخوشایند گذشت در این مرحله آیا بهتر نیست ولی دم را ملزم کنیم تا پیش از آغاز مرحلة اجرایی قصاص تصمیم قطعی خود را بگیرد؟در این مقاله سعی کرده ایم یک تأمل انتقادی در این موضوع داشته باشیم تا بلکه بتوان راهی برای اصلاح وضعیت موجود در جامعه گشود.
mahmod bavi
Volume 1, Issue 2 , January 2013, , Pages 159-182
Abstract
Actions against individual liberty are crime in which an officialviolates individual's liberty while doing his job. Although Iranian.and French legislators were pioneers in criminalizing such acts buta comparison of criminal laws of two mentioned above countriesshows that French criminal law saves personal ...
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Actions against individual liberty are crime in which an officialviolates individual's liberty while doing his job. Although Iranian.and French legislators were pioneers in criminalizing such acts buta comparison of criminal laws of two mentioned above countriesshows that French criminal law saves personal liberty moreeffectively than the Iranian one
Jamshid Gholamlo
Volume 1, Issue 3 , July 2013, , Pages 163-185
Abstract
Serial murder is definitely a crime in the criminal law. According toIran’s Penal Code, it is considered as a multiple murder under a retaliation,blood money and discretionary punishments. In criminal responses against it,the criminal justice systems have different sanctions while dealing with ...
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Serial murder is definitely a crime in the criminal law. According toIran’s Penal Code, it is considered as a multiple murder under a retaliation,blood money and discretionary punishments. In criminal responses against it,the criminal justice systems have different sanctions while dealing with it.Serial killers are not psychologically healthy while bearing criminalresponsibility. However, the extent of their mental disease (psychosis) willinvoke insanity defense. In Iran, serial killers never manage to use theinsanity defense; therefore, they have always been sentenced to themaximum penalty of the law. The same procedure – except in rare cases –occurs in other countries. In fact, in serial murder, due to the type and theseverity of the offenses committed and caused by the widespread fear anddeath in the community, a stricter criminal policy has always been adoptedtoward a serial killer.
Seyed Mahmud Majidi
Volume 2, Issue 6 , April 2014, , Pages 165-181
Abstract
According to the close relations between criminal issues and publicsecurity and order in one hand and different opinions in Islamic Law in themost of criminal matters on the other hand, adopting the proper approach bythe legislator has been greatly taken into consideration. Wise choice ofFatwa (religious ...
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According to the close relations between criminal issues and publicsecurity and order in one hand and different opinions in Islamic Law in themost of criminal matters on the other hand, adopting the proper approach bythe legislator has been greatly taken into consideration. Wise choice ofFatwa (religious doctrines) which provide public security in the provisionsof retaliation in the new penal code by the legislator is clearly visible andobvious. This essay tried to express some appearances of legislator’sapproach such as: criminalization of killing a person who is supposed to bekilled according to the law (deserving death), criminal protection of victimsof murder, acceptance of blood money by avenger of the blood without themurderer’s consent, developing the guarantees of debts to treasury forprevention of its misuse by criminals, criminalization of killing the murdererby avenger of the blood without the court permission, and the consideringthe killing by mistake in victim’s personality as murder. These aspects mayshow increase of importance of public security by the legislator. It alsoincreases the hope among the law scholars that preference of Islamic lawopinions providing the public security by legislator is accepted as a generalmethod which can be taken into account during the enactment of othercriminal provisions.
sedigheh hatami; m e; m h
Abstract
Abstract Regarding the amount of blackened diamond that has been blackened (Al-Sun al-Awsud), the fatwa of the Imams is different and different; As the present paper of the subject in the written jurisprudential legacy has identified four theories in the assumption of the problem: 1. Three thirds of ...
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Abstract Regarding the amount of blackened diamond that has been blackened (Al-Sun al-Awsud), the fatwa of the Imams is different and different; As the present paper of the subject in the written jurisprudential legacy has identified four theories in the assumption of the problem: 1. Three thirds of a healthy diyeh. 2. A quarter of a diy's proof. 3. Arsh's proof. 4. A detailed view (a third of a diyeh in a corrosive black teeth and an arshash fixation in a black teeth that is not weak). However, the legislator of the Islamic Penal Code chooses from among the existing votes the famous view (the third of the bill), which reflects the following in Article 619: "... Diyah teeth that have already been blackened, one third of the Diyah is the same teeth" But the results of this research suggest weakness of this view. In the descriptive-analytic research, and in a problem-oriented manner, after the explanation of the words in the problem, they have tried to evaluate and analyze them and evaluate their validity in the balance of the jurisprudence. The results of the research show that the only view that can reasonably be defensible is the promise of the
Sayed Mansoor Mirsaeidi; Mahmoud Zamani
Volume 2, Issue 4 , November 2013, , Pages 167-199
Abstract
Abstract Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it ...
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Abstract Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it causes providing the definition, restricting the true sense of the word and consequently limiting the legislature's reaction and difficulty in achieving prevention goals. Therefore, explaining the criteria can be useful instead of defining. This essay seeks to view the criminological and economic criteria; according to the former, the motivation and the atmosphere in which crime was committed of economic might assist to recognize the economic crime. And according to the latter, disruption of macroeconomic policies (monetary, fiscal and income) and operating companies and businesses, the production, distribution and consumption will show the another side of economic crime’s face. Thus, it is possible to take a step toward the identifying the economic crime, under the light economic criteria and considering the criminological criteria.
Modjtaba jafari
Abstract
The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offense. ...
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The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offense. Secondly, the claim of concurrence of offenses would be accuratewhen, in the date of trial, the defendant has not been previously convicted norpunished for none of that offenses. In new Islamic Penal Code , as the formerpenal Codes, the iranian legislator has considered to the concurrence ofoffenses as one of the affecting factors in determining the penalty. In thispaper, we intend to study simultaneously the theoretical basis of influencing ofthis element in determining the penalty on the one hand, and its effectsthrough new Islamic Penal Code on the other.The aim of this study is to showthat the concurrences of offenses is not one of the amplifying elementsof thesentencebut one of its effects would be amplifing the penalty.
Islamic jurisprudence
Ali Mohamadian
Abstract
According to the common theory in Imami jurisprudence, the end of the work of a thief who repeatedly commits theft will be nothing but murder and deprivation of life. This view, although in Article 278 of the Penal Code (adopted in 1392), has also been recognized by the well-known jurists; However, the ...
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According to the common theory in Imami jurisprudence, the end of the work of a thief who repeatedly commits theft will be nothing but murder and deprivation of life. This view, although in Article 278 of the Penal Code (adopted in 1392), has also been recognized by the well-known jurists; However, the opposition of some late jurists has led to the fact that it is against the necessary precaution in temperature. It is noteworthy that this issue has been the subject of controversy in the jurisprudence of public religions and has led to the formation of various arguments and the emergence of various sayings in the issue; Therefore, in addition to Imami jurisprudence, the present article has also studied the views of Sunni religions in jurisprudence. It is clear that the necessity of discussion in terms of its relevance to human life is undeniable. The results of the research show that the famous Mukhtar of the Imami jurists is not without controversy and the promise to take the life of the thief, in addition to the lack of sufficient evidence to prove it, has caused a stagnation in temperature and is contrary to the meaning of the rule of unity; In addition, the prerequisites for the initial rules of the chapter require the deviation from such a view.
Mostafa Nasiri; Sayyed Mohammad Hosseini
Abstract
In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This ...
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In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This new perception of the humans and the quality of acquiring knowledge had important effect on other knowledges especially ethics. Hume denies the role of reason in ethics definition and regards the rules related to justice and legal order as the result of historical processes and experiences.Following Hume's Thoughts by His followers, had Sustainable effects on the concept of crime. by denouncing metaphysical and rational definitions of ethics by Hume crime definition turned towards utilitarianism. Utilitarianism in Bentham appeared with a quantitative approach and with the definition of crime based on pleasure and eagerness. This approach was modified by Mill's "harm principle" as a criterion of criminalization.This article pursues the conceptual evolution of crime by Bentham and Mill under the ethical views of Hume. Crime in this approach is not discovered rather it is created. Traditions and experiences guide humams in this direction.
Behzad Razavifard
Volume 1, Issue 1 , October 2012, , Pages 181-203
Abstract
Imprisonment fundamentally borninthe sphere of National criminallaw. In other word, for many years imprisonment has been viewed anddictated on the base of crime doings inside the borders of the NationStates. Imprisonment has been an excommunicating punishment thatits efficiency harshly criticized in ...
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Imprisonment fundamentally borninthe sphere of National criminallaw. In other word, for many years imprisonment has been viewed anddictated on the base of crime doings inside the borders of the NationStates. Imprisonment has been an excommunicating punishment thatits efficiency harshly criticized in many criminal law systems as a“school of repeating the crime”. But today malfunctions ofthispunishment has been reduced in many ways in the developedcountries by performing reformations in management of prisons, butacceptance of the efficiency of such punishment regarding theInternational crimes has been doubtful. Such a phenomenon can beanalyzed both with the punitive approach andutilitarian approach inpenology. But first of all, the main thing about efficacy of suchpunishment in the sphere of International crimes is suggesting andadopting a suitable degree of the punishment regarding the characterof International criminals. However, the success of such an importanttask depends on organization and establishment of an independentinstitution for administrating the affairs of an International prison. Anindependent institution with special task of International kind ofpunishment must be created and its strong structure must performintimidating,corrective andtreatmentativetasks appropriately. Only inthis way we can hope the great International criminals receiveanappropriate punishment and also potential criminals and guilty beprevented from doing crime
hossein aghababaei; Ali Nazari
Abstract
Murder, as one of the major crimes in all legal systems, also faces severe criminal penalties in Iranian criminal law. According to the Islamic Penal Code of Iran, according to Islamic teachings, the provision of retribution for a victim or his progeny, which requires their request and has a private ...
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Murder, as one of the major crimes in all legal systems, also faces severe criminal penalties in Iranian criminal law. According to the Islamic Penal Code of Iran, according to Islamic teachings, the provision of retribution for a victim or his progeny, which requires their request and has a private aspect, was designated as the only response to the crime. Given the lack of demand or impossibility of retribution, the legislator responds to public opinion and expects the perpetrator to be punished for disrupting public order and security or for fear of embarrassing the perpetrator or others, as a general punishment. The punishment is gradual and supplemental in various laws. Despite the legislator's efforts to develop the public aspect of all murder cases, there are significant legal and judicial challenges in this area that require coherence in criminal policy and review of regulations. In addition to reviewing legal developments, this article discusses the legal and judicial challenges and proposes a review of criminal policy and regulatory reform.
Javad Rostami; Mohammad Reza Shadmanfar
Abstract
Of the cases, that the legislator has accepted the criminal liability resulting from the other’s act is agheleh guarantee under section of which the agheleh is bound to pay for the murder blood money and the mistake injuries on behalf of the wrongdoer criminal according to the provisions stipulated ...
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Of the cases, that the legislator has accepted the criminal liability resulting from the other’s act is agheleh guarantee under section of which the agheleh is bound to pay for the murder blood money and the mistake injuries on behalf of the wrongdoer criminal according to the provisions stipulated in the law. This way of remedy that has been made in systems that lived as tribes, has been followed by many advantages such as unity and cooperation among the tribe members. However, it seems that at present and considering the social structure of current communities in which the kinship relationships and even familial ones are becoming corer day by day, the existence of such a guarantee, which had been created for facilitation, will sometimes become problematic and due to the same reason, it can be stated that the above-mentioned guarantee has lost the efficacy of the past period and one should use the establishment of a new fund in the name of “physical injuries compensation fund due to mistake crimes” by removing or authorizing it.
International Criminal
Negin Pourmohammadi; Mahin Sobhani; Mojtaba Janipour
Abstract
Considering the collective nature of international crimes, incitement to commit crimes plays an important role in encouraging people to align and accompany committing international crimes. For this reason, in international criminal law, incitement to commit an international crime has been specified under ...
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Considering the collective nature of international crimes, incitement to commit crimes plays an important role in encouraging people to align and accompany committing international crimes. For this reason, in international criminal law, incitement to commit an international crime has been specified under different titles, without providing a definition in the statutes of international criminal courts. In the statutes of international criminal courts, in addition to instigation to commit a crime, public and direct incitement to commit genocide in Article (p)(3) 4 of the Statute of the ICTY and Article (p)(3) 2 of the statute of the ICTR, Article 25(3) of the Statute of the ICC is specified in the same way as paragraph 3 of Article 3 of the Convention on the Prohibition and Punishment of Genocide in 1948. While in the incitement to genocide, it is mentioned that it must be public and direct, but in the instigation to commit the crime, there is no further description. Therefore, the distinction that can be seen in the statutes of international criminal courts is the distinction between instigation to commit an international crime and public and direct incitement to genocide. The question is, why have the statutes of international criminal courts criminalized direct and public incitement to genocide separately from instigation to commit international crimes? What is the difference between the elements of instigation to commit an international crime and incitement to genocide?MethodologyIn order to answer the above questions, this article with a descriptive analytical method and by examining international documents and international judicial procedure, firstly, scrutinizes the nature of public and direct incitement to genocide and its relationship with incitement to commit a crime, and then examines the necessary elements to prove the responsibility of public and direct incitement to genocide.Results and DiscussionAccording to Article 6 of the Charter of the Nuremberg International Military Court, which Article 5 of the Tokyo Court Charter is exactly similar to it: “…The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility: (a) ' Crimes against peace: … (b) ' War crimes: … (c) ' Crimes against humanity… Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan”. Instigation to an international crime entered the international procedure as an international crime for the first time when the Nuremberg Court sentenced Julius Streicher in 1946. Although the term "incitement to genocide" was not yet recognized as such, and the defendant was charged with crimes against humanity, the charge was based on actions that would today be defined as incitement to genocide. In general, instigation is defined as one of the behaviors that lead to individual criminal responsibility in the Charter of the Nuremberg Military Court. This charter does not distinguish between different forms of incitement in different clauses, but in general, it states that the instigators in the formulation or implementation of a joint plan or conspiracy to commit any of the mentioned crimes for all acts committed by persons in the implementation of such a plan will be held responsible.According to ICTY Statute, Article 7(1): “A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime.” However, public and direct incitement to genocide is criminalized in Article (p)(3) 4 of the Statute of the ICTY and Article (p)(3) 2 of the Statute of the ICTR.Article (1) 6 of the Statute of the Special Court of Sierra Leone, which is similar to Articles 7 and 6 of the Statute of the ICTY and ICTR, prompted SCSL to declare in the case of Brima, Kamara and Kanu that the relationship between instigation and the crime committed must be proven, but it is not necessary to prove that the crime would not have occurred without the involvement of the accused to instigation. From the interpretation of the sentence "the relationship between instigation and the crime committed must be proved" it can be concluded that instigation is considered as one of the forms of secondary responsibility in the SCSL, which considers the occurrence of the result as one of the basic elements of the realization of the crime of instigation.On the other hand, referring to Article 3 of the Convention on the Prohibition and Punishment of Genocide and Paragraph 3 of Article 4 of the Statute of the ICTY and Paragraph 3 of Article 2 of the Statute of the ICTR, in international criminal law, incitement to commit genocide regardless of whether it leads to a criminal outcome as an independent crime must be considered. There is also a difference between clauses B and E of Article 25(3) of the Statute of the ICC regarding inducement to commit an international crime and direct and public incitement to genocide.ConclusionInstigation to commit international crimes and public and direct incitement to genocide have many similarities and are often disputed. However, they have distinct characteristics and should be distinguished accordingly. Instigation to commit international crimes is a form of participation in the crime of another person. Instigation to commit international crimes is not a crime in itself. While incitement to genocide is punishable even if genocide did not take place, direct and public incitement to genocide is addressed to the general society, which can ultimately cause an atmosphere of hatred and bipolarity in the society, and it is possible that anyone commits a crime following these public incitements. On the other hand, instigation to commit international crimes is an incitement addressed to a specific person. In order to prove the responsibility of the accused for this international crime of hate crimes (Public and Direct Incitement to Genocide), it is necessary that in addition to being public and direct, and the specific seriousness and specific mens rea required for genocide, the words of the speaker have the potential to lead to a genocide in the society. A capability that can be proven according to the time and place of the speech and the characteristics of the speaker and the audience.
Mahmood Saber; mohammad jafar habibzadeh; AMIN AGHAEE
Abstract
People are actual victims of crimes against public interest, undoubted criminal protection of public interest is an instance of People protection. However victimization in crimes against public interest is one of the theoretical and practical controversial issues and damages caused victimization are ...
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People are actual victims of crimes against public interest, undoubted criminal protection of public interest is an instance of People protection. However victimization in crimes against public interest is one of the theoretical and practical controversial issues and damages caused victimization are not easily recognized and compensated. Becuse on one hand these crimes effects are appeared after passing a long time (9-14) and generally they are without immediate victims and on the other hand its not possible to determine the valnerable people and harms caused by any of them can affect each citizen by dis pertion In the community. These obstacles not only make diffiicult prosecution for obtaining casual relationship and offensive faults but also make compensation difficult for victims both conseptually and procedurally. In addition to the difficulties related to the assertion Casual relationship complaining from valnerable citizens and potential victims also being non-objective and intangable of some damages has been become obstacle. In this article we are trying to study protective facilities, obstacles and traits in some legal systems in effective support of public interest and use these cases in condifiction of regulations in Iran`s law. .
Asghar Ahmadi; Mehdi Sabooripour
Abstract
AbstractMountain regions are environmentally valuable, as they are home to almost twenty percent of the world’s population and many species of animals and plants. Although there is not a special criminal law concerning the protection of mountains, one can find three international conventions ...
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AbstractMountain regions are environmentally valuable, as they are home to almost twenty percent of the world’s population and many species of animals and plants. Although there is not a special criminal law concerning the protection of mountains, one can find three international conventions about them. Various international instruments have emphasized their importance. Iran is also a mountainous country. As mountains cover more than half of its area, this fact makes the protection of mountain regions one of the necessities in Iranian criminal and environmental law. But, what are the challenges of Iranian laws in relation to the protection of the mountains? According to the findings of this research, done in descriptive-analytical method and based on documentary research, there is no specific protection for mountains in the Iranian legal system. However, there are three types of crimes against these regions in that system: damages to the mountain areas in environmentally protected lands, damages to the mountains with historical and cultural identity, and illegal converting of the mountainous fields. Iranian criminal law also faces some challenges in relation to the protection of mountains, including the ambiguity of the definition of the mountain, lack of detailed criminalization, lack of intrinsic appreciation, lack of criminal responsibility in mining activities, neglecting the geoparks and inattention to the special parts of the mountainous fields.
kiomarth Kalantari; reza hadizadeh
Abstract
This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “Howe” case, duress defense isn’t available in murder. Accordingly, if someone wants from a person to commit murder by ...
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This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “Howe” case, duress defense isn’t available in murder. Accordingly, if someone wants from a person to commit murder by threatening him with murder, there is no possibility of resorting to duress defense in laws of Iran and England; However duress to murder may be in various forms such as "duress to grievous bodily harm that leads to murder", "preserving more people by committing murder", "specific circumstances of the person being threatened" and " impending death of the victim". In these cases, duress seems to be accepted in Iranian law. The British law approach is in some ways stricter than the position of Iranian law; because in this country, although considering the case of conjoined twins, it is possible to accept duress defense in some instances where the death of the victim is imminent; However, in English law, in contrast to Iranian law, duress defense in other cases such as duress to kill one person in order to save several people is unacceptable.
mohammadreza Rahbarpour; Hossein Noormohammadi
Abstract
With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are ...
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With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are numerous serious legal criticismsregarding the foundations of new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality. Theadmission of corruption on earths an independent crime deserving punishment, requires that the legal document, regardless of the legal issues and opposing views, be criticized legally andits unknownaspects should be discovered. The unbridled development of the ways of the realization of the material element;neglectingthe different quality of the realization of this crime in the Penal Code with its instances in other special criminallaws;the lack of tangible and measurable criteria to differentiate between multiple the defendant who commitsmultiple crimesand benefits from the law of the multiplicity of crimesand its merged effects and the defendant who is, in a similar situation, suspected to commit corruption; finally, the use of interpretable terms and phrases such as "widely" and "largely" are only part of the legaljudicial challenges and ambiguities ofthis legal document
zahra feiz
Abstract
In spite of the notorious jurisprudential view that the inheritance of the right of retribution for couples is reserved for other heirs, the legislator, in Article 351 of the Criminal Code, considers that the couples are deprived of this right. It seems that most of the Imams have been sentenced to this ...
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In spite of the notorious jurisprudential view that the inheritance of the right of retribution for couples is reserved for other heirs, the legislator, in Article 351 of the Criminal Code, considers that the couples are deprived of this right. It seems that most of the Imams have been sentenced to this ban only by citing and relying on the reason for the consensus without considering that the sentences were influenced by the pre-Islamic Arab community.The present study, while criticizing the reason for the alleged consensus and other arguments for the exclusion of couples from the right to qisas, has proven that the validity of the alleged consensus has not been proved and is not capable of coping with publicity and communication; and, accordingly, the said evidence to exclude couples from The right to retaliation is not sufficient and, based on evidence such as the signature of the reprisal sentence and the changes in the status of couples from the time of the decree to the present, prove the couples' equal status with relative relatives in enjoying the right of retribution;
Pooneh Tabibzadeh; Reza Eslami
Abstract
The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps ...
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The transitional justice basically follows three major goals in post-conflict societies, namely, reconciliation, rule of law, and sustainable peace. This article examines the role and the impact of restorative justice in realization of those goals. This article argues that the restorative justice helps achieve the goals transitional justice since it corresponds properly to the post-conflict situation in transitional societies. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice. This article proposes that the restorative justice emphasizes the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of transitional justice.
Abstract
Rule of the "Search-Incident-to-Arrest", and the transformation of the defendant's cell phone the judicial procedures and former United States newAbstractThe rule of the "Search-Incident-to-Arrest", for inspection immediately after his arrest, the defendant is under the capture property until the reasons ...
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Rule of the "Search-Incident-to-Arrest", and the transformation of the defendant's cell phone the judicial procedures and former United States newAbstractThe rule of the "Search-Incident-to-Arrest", for inspection immediately after his arrest, the defendant is under the capture property until the reasons for the police in charge of crime and security police of the potential risks arising from this property is preserved. Apply this rule in recent years relative to the cell phone with the accused faced hesitations that targets the cause of the this rule does not meet the. This issue has caused different procedures in the United States take shape. But in 2013 in the case of the Wurie argument can be a reflection of the High Court in denying extend this rule to cell phone charged provided that the unique of its kind and the theoretical and practical solutions in other courts and legal systems.KeywordsThe rule of the "Search-Incident-to-Arrest", Police, Accused, Cell Phone, Supreme Court of United State.
Criminal Sociology
Sina mahdavi damghani; Abdolreza javan jafari; seyyed mohammad javad sadati
Abstract
The increase in violence among teenagers and young people is one of the basic problems of today's societies. One of the obvious results of the increase in violence is a significant increase in the rate of committing violent crimes, which itself leads to major problems in various economic, social and ...
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The increase in violence among teenagers and young people is one of the basic problems of today's societies. One of the obvious results of the increase in violence is a significant increase in the rate of committing violent crimes, which itself leads to major problems in various economic, social and cultural fields. This descriptive-correlation research has been conducted with the aim of investigating effects of four variables: grade point average, ethnicity, economic ability and physical situations on the subculture of violence among teenage and young wrestlers in Mashhad city. The sample size of the research was determined using Cochran test of 170 people, and data collection was done in both library and field methods. According to results of research, there is significant relationship between variables of: average of education, ethnicity, and economic ability with the subculture of violence among samples, but we didn't find a significant relationship between physical situation of samples and their subculture of violence. Also, in this article we have tried to divide the different effective variable on abnormality into the two general categories and based on the field findings of this research explain how the affecting of these two categories.Key words: Ethnicity, Academic average, the subculture of violence, Economic status, Physical situation Introduction:Violence is recognized as a manifestation of deviance in contemporary civilized and advanced societies. This phenomenon of deviance is significantly expanding in today's world, with a noticeable increase in the rates of violent crimes such as conflicts, assaults, violent thefts, etc. According to statistics, interviews, and reports from official sources, the rate of violent crimes has reached a significantly high level in recent years, showing a considerable increase compared to the past. This high rate becomes particularly concerning when accompanied by the participation of adolescents and young people.Interestingly, based on numerous national and international reports, the rate of delinquency among adolescents and youth has consistently shown an increasing trend in recent decades. Various factors such as age, economic status, ethnicity, residential environment, cultural background, peer groups, family attachment, etc., influence the normative situation of individuals. In this present study, we intend to investigate the impact of four variables: ethnicity, economic status, academic performance, and physical condition of adolescents and young people on their subcultural violence.It is worth mentioning that each of the mentioned variables has been extensively examined by many scholars, and their various effects on deviance have been explained in different theories. However, it is noteworthy that most theories focus on one or a few factors, attempting to explain and describe the causes of deviance from the perspective of those factors. Although these factors are influential in the normative situation of individuals, none of them is the sole determining factor. Many individuals exhibit deviant behavior despite possessing these factors.Humans are complex beings, and their various behaviors are influenced by multiple factors. Therefore, theories that solely focus on one or a few limited aspects and variables lack the necessary capability to fully explain the causes of deviance. To better understand and explain the causes of deviance, it is necessary to develop and utilize integrated theories.Methodology:The research population of this study includes adolescent and young wrestlers in the city of Mashhad. Data collection was conducted through both library research and fieldwork. Relevant sections regarding the foundations and theoretical background were referred to library sources such as books, theses, and related articles. Additionally, to gather analyzable data, we used two data collection methods: observation and questionnaires.The research sampling method was a multi-stage cluster sampling, and sports clubs and athletes were randomly selected. The Cochran test was used to determine and select the required number of athletes. Based on this, 170 questionnaires were distributed and collected among the research population, and the obtained data were analyzed using SPSS software.Result and Discussion:Based on the research findings, there was no significant relationship between the physical condition of the samples and their violence. However, statistical tests revealed a significant inverse relationship between the academic performance of the samples and their violence. Therefore, it can be stated that with an increase in academic performance, a decrease in violence is observed, and with a decrease in academic performance, an increase in violence is observed. Additionally, based on the data, it must be acknowledged that there is a direct and significant relationship between the economic status of the samples and their violence. In other words, an increase in the economic power of the samples is associated with an increase in their violence, and a decrease in economic power is associated with a decrease in their violence. Finally, regarding the ethnicity variable, the analysis of research data indicates a significant relationship between non-Persian ethnicity and high levels of violence. The research findings also demonstrate that non-Persian samples have higher average economic power and subcultural violence compared to Persian samples.In general, when examining different samples of the research, it is understood that adolescents and young people who have a strong tendency towards violence are usually non-Persian and have higher economic power than other samples. This statement contradicts the assumption that unfavorable economic conditions and poverty are effective factors in deviance. To explain this, it should be noted that the spectrum of violence reflected in the questionnaire is mostly related to criminal acts, rape, or offenses that, if committed, lead to consequences such as punishment and deprivation for the perpetrators. It is evident that individuals with higher economic power can tolerate higher levels of deprivation, and therefore, punishment against them will have less deterrent effect. This fact makes individuals with a violent mindset and higher economic power less deterred in similar situations.Apart from the stated content, we can see many individuals with similar characteristics have not had a similar approach to violence and deviance. Observing this spectrum of individuals raises the question of why individuals with similar characteristics do not commit similar acts of deviance and do not have the same inclination towards deviance. To answer this question, one must become familiar with the concepts of fundamental and surficial components influencing deviance.The concept of "fundamental components" in this research refers to the cultural status of individuals, meaning the norms, values, and beliefs accepted by them. On the other hand, "surficial components" refer to other external factors and components that affect an individual's status from outside the individual, including economic capacity, educational status, physical condition, peer groups, ethnicity, social environment, and other environmental factors.In general, surficial components have dual effects, meaning they may enhance and intensify deviant behavior in one area and weaken or reduce the commission of deviance in another area. According to the research findings, surficial components can lead to changes or stability in fundamental components. Fundamental components, in turn, can be influential in the selection and strengthening or non-selection and non-strengthening of surficial components. This implies that individuals with different cultures and mental values may react differently to various factors in their environment.Ultimately, through the interaction between surficial and fundamental components, different effects are created on the intensity and weakness of various behaviors. For example, economic wealth as a surficial component can have different effects on individuals with different mental beliefs. In individuals with deviant mental culture, the presence of economic wealth may be a factor in intensifying the commission of deviant acts. Meanwhile, in individuals from the same culture, a decrease in economic capacity may result in a reduction in the commission of deviant acts by them. At the same time, the presence of this component in a person with appropriate culture may intensify their benevolent actions.From the analysis of the research and summarizing the stated content, it can be concluded that although the cause of social deviations is not unitary and definitive, and these deviations result from the combination and accumulation of various factors in an individual, it seems that cultural components have a significant impact on determining social behaviors. Surficial components that do not lead to a change in individuals' mental culture may not be effective in their behavioral domain.Conclusion:According to the research findings, social and external variables such as academic performance, ethnicity, and economic power had a significant and strong relationship with the cultural status of the samples. However, the physical condition of the samples, as a personal and individual variable, did not have a significant relationship with their cultural status.
Islamic jurisprudence
ali farsimadan; Enayat Sharifi
Abstract
Bait al-Mal denotes a collection of public property at Islamic governor’s disposal that should be used for the social welfares of Muslims. In Islamic jurisprudence, Bait al-Mal is used for pursuing the goals of Islam. Inasmuch as it is for the benefits of Muslims, paying Diya (blood money) is one ...
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Bait al-Mal denotes a collection of public property at Islamic governor’s disposal that should be used for the social welfares of Muslims. In Islamic jurisprudence, Bait al-Mal is used for pursuing the goals of Islam. Inasmuch as it is for the benefits of Muslims, paying Diya (blood money) is one of the ways of spending Bait al-Mal. Thus, employing a descriptive and analytical method, the present study attempts to address the special cases in which Diya shall be paid from Bait al-Mal. Furthermore, the article will target the following questions:Who shall be responsible to pay Diya if the judge's mistake brings about death or disability?Is Aqilah (paternal kinship group of the criminal) responsible for murder?Who is responsible for paying Diya if the murderer does not have Aqilah or their Aqilah is not financially capable?If the claimant and the defendant do not have evidence, who is responsible for the victim's Diya?Who is responsible for the victim's Diya if they are killed in a crowd?Who is responsible for the victim's Diya if the murderer escapes or dies?Who is responsible for the victim's Diya if the murderer is unidentified?Who is responsible for the victim's Diya If Laqit commits the crime?Who is responsible for the victim's Diya if they are killed in fitnah (sedition)?What is the verdict if two persons confess to a murder?What is Ha’ishat and what is its decree?What is the sentence for the crimes of a blind person? Shall they be executed?What is the jurisprudential decree of defense against the lunatic’s assault? The authors have endeavored to examine paying Diya in special cases through surveying jurisprudential documents and Hadith. For Bait al-Mal is responsible for paying Diya. Considering the review of the related literature, it should be mentioned that due to the significance of this issue, Islamic science scholars have composed research papers on its jurisprudential and legal dimensions. Nevertheless, on the contrary to other studies, the present article refrains from referring to repeated points and sets out to prompt new instances. Furthermore, it attempts to conceptualize such terms as Aqilah, Diya and Bait al-Mal, and analyze and make reference to various jurisprudential sources. In addition, another distinguishing feature of this research is not repeating the findings of other scholars, and focusing on the words of early and late jurists and emphasizing their jurisprudential approach and testifying their instances. What is more, the present study seeks to express the favorable opinion after examining and analyzing disparate narratives. Therefore, the article sets out to address the jurisprudential recognition of paying Diya from Bait al-Mal in specific cases and mentions 13 cases collected from the expressions of the jurists.In so doing, this article will target issues in which Diya shall be paid from Bait al-Mal: when the judge makes a mistake; when the murderer does not have Aqilah; when the claimant and the defendant do not have evidence; when one is killed in a crowd; when the murder and manslaughter criminal escapes; when the murderer is unidentified; when Laqit commits the crime; when one is killed in sedition defying rebels; when two persons confess to a murder; Ha’ishat (injury and murder during the fear of day and night); when one is killed in the military camp; when one commits a murder as an act defense against the lunatic’s assault; and when the murder is committed by a blind person.Although waging war against the one who has rebelled against the Imam and the Islamic ruler is mandatory, the Diya of the victim in sedition and war with rebels is the responsibility of Bait al-Mal. Furthermore, when two people have confessed to a murder, and if there is no collusion, the verdict of execution will be suspended and the Diya of the victim will be paid from Bait al-Mal. The Diya in Ha’ishat (which signifies fear that appears at night and during the day and causes injury or murder in such a way that it does not become clear who has killed or injured someone else) is the responsibility of Bait al-Mal. Blind people are not executed for their crime and Diya will be the responsibility of their Aqilah. If they do not have Aqilah, Diya is paid from their property; otherwise, the imam will pay the Diya. If one is killed in militia or a military barracks, their Diya is paid from Bait al-Mal. If a madman intends to kill a sane person and the sane person kills him in defense of his life or his own belongings, Diya will be the responsibility of their Aqilah, and if there is no Aqilah, Diyeh is paid from Bait al-Mal.Therefore, the purpose of producing Bait al-Mal is to safeguard the Muslims’ welfare in such a manner that according to the principle "the blood of a Muslim killed shall not be wasted", preserving the blood of Muslims and preventing it from being wasted is one of the economic objectives of Bait al-Mal.
