Ali Mohamadian; leyla mehrabi; mansoure bokaee
Abstract
Imsaak in Imamiya jurisprudence means to keep and capture the victim; So that” the keeping person:Momsek” prevents the victim from leaving the dominant hegemony and the killer can easily kill him. Imamis' jurisprudents agree that the punishment of "Momsek" is life imprisonment; but there ...
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Imsaak in Imamiya jurisprudence means to keep and capture the victim; So that” the keeping person:Momsek” prevents the victim from leaving the dominant hegemony and the killer can easily kill him. Imamis' jurisprudents agree that the punishment of "Momsek" is life imprisonment; but there is a serious controversy among the jurisprudents About what the nature of this punishment is and should it be analyzed in the light of the Haqa alnaas and as a result, it is forgiven and amnesty or it is Haqa allah and so there is no way for reconciliation. Because this difference in opinion also affects criminal law and can have different effects, the present paper, in a descriptive-analytic study, and in the light of referring to legal and juridical sources, seeks to analyze the meaning of the punishment of "Momsek". The results of the research show that it is possible to consider the crime of Imsaak as a Ta'zir ; or at the very least, consider it as a Haqa alnass and compromise and amnesty.
abd al reza javan jaafari; Javad Sadati; Mohsen Nourpour
Abstract
Several factors like age, degree of education, sexuality, race, social and political belief, crime rate, media, conjunction with offender or victim are effective about rate of desire about implementation of harsh punishment. In this research we try to evaluate the relation between sexuality and desire ...
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Several factors like age, degree of education, sexuality, race, social and political belief, crime rate, media, conjunction with offender or victim are effective about rate of desire about implementation of harsh punishment. In this research we try to evaluate the relation between sexuality and desire to imposing of harsh punishment. This research is descriptive- analytical and based on experimental study in Mashhad. Also, this research based on multi stage statistical sampling. Research hypothesis is less criminality of woman than men. Research results show that in Insect, Embezzlement and Had punishable stealing there are relation between sexuality and criminality. In Embezzlement and stealing women have less desire for imposing harsh punishment than men. In contrast, in Insect women criminality is higher than men. In contrast, in Insect women criminality is higher than men. It means that in Insect women have harsh desire than men. Key words: criminality research, sexuality, desire to implementation of harsh punishment, harsh physical punishment
Yadolah Shabankareh; Leila Raisi
Abstract
"Obligation to extradition or prosecute" is one of the legal mechanisms to deal with international crimes such as genocide (genocide), war crimes and torture, as well as to combat the bribery of perpetrators of these acts internationally and not only to criminal justice but also as a means The deterrent ...
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"Obligation to extradition or prosecute" is one of the legal mechanisms to deal with international crimes such as genocide (genocide), war crimes and torture, as well as to combat the bribery of perpetrators of these acts internationally and not only to criminal justice but also as a means The deterrent implies ensuring non-repetition of these crimes in the future.In 2012, the International Court of Justice issued its ruling on the issue of prosecution or extradition in the Belgian case against Senegal. The Court reviewed the various aspects of this matter, including the customary status of an obligation to extradite or trial, to link this commitment to global jurisdiction and universal obligations. The Court refused to confirm the status of a customary obligation to extradite or prosecute, and considered universal jurisdiction a condition for the fulfillment of this obligation. Moreover, it stated that this commitment was a collective commitment of the group, and the Belgian government, not as a failed state, but as a non-government, has the right to invoke the responsibility of the Senegalese government. This research seeks to examine some of the important sections of the Court's judgment and its criticisms.
Sayyed Mohsen Aziz; Mohammad Sahraee Ardakani; Mahmood Haery; Hoseyn Khodayar
Abstract
The principle of the prohibition of double punishment is one of the accepted principles of criminal law, according to which every crime should only be punished once. This rule is accepted by Islam and it is imperative to abide. In the aftermath of the Islamic Revolution, this rule has not been accepted ...
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The principle of the prohibition of double punishment is one of the accepted principles of criminal law, according to which every crime should only be punished once. This rule is accepted by Islam and it is imperative to abide. In the aftermath of the Islamic Revolution, this rule has not been accepted if the original punishment was not religious; however, the Islamic Penal Code, adopted in 1392, only accepts this rule in non-legal sanctions. The result of this approach is that the offender, in addition to the primary punishment, must tolerate the religious punishment that is not compatible with the rational principles and the spirit that governs the Islamic law. In this research, by examining the bases of Guardian Council's views on this issue, the fatawa of contemporary imitation and analysis of relevant researches, the Guardian Council's approach to non-acceptance of this rule has been criticized in the sanctity of Shari'ah and, moreover, Adoption of this rule in all punishments has been based on the principle of non-refoulement to the judiciary. Since the famous jurisprudents believe that if the presence of a judge in a lack of authority is in vain and without authority, the reference to him is permissible and his vote is valid, and since in the criminal matters the presence of the offender in the court of law and his punishment are usually It is beyond his discretion that he should consider the verdict of the judge concerned and avoid double punishment for the offender.
danial mabhot; Mostafa Masoudian
Abstract
The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question ...
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The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.
Ali Asgari Morovat; Hassan Alipour; Mina Mehrnosh; mojtaba bahrami
Abstract
Crowdfunding is a new topic in management science, which means collecting funds to advance projects through popular contributions. This phenomenon, in order to attract public assistance in honoring new ideas and creative minds, calls for its operationalization in the community; However, there is a narrow ...
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Crowdfunding is a new topic in management science, which means collecting funds to advance projects through popular contributions. This phenomenon, in order to attract public assistance in honoring new ideas and creative minds, calls for its operationalization in the community; However, there is a narrow difference in attracting public assistance for criminal acts, especially terrorism financing. In the financing of terrorism, the collection of funds or assets for the delivery of terrorist individuals or terrorist organizations can be of legal origin and popular assistance; therefore, the challenge of this article is that In a tangible criminal policy How should the distinction between innovative ideas and criminal thought be clarified? This paper, by examining the characteristics of crowdfunding, on the one hand, and the expression of the components of terrorism financing, on the other hand, has achieved that what determines this difference is the purpose of financing, not its origin and easing in source, along with the control of the destination (and not mere inquiring into the intentions of the citizens), can be a plan to support crowdfunding in society to fertilize ideas along with haltering the financing of terrorism.
shima esmaeilzadeh; Seyyed Hossein Hashemi
Abstract
Takfiri terrorism, as a political phenomenon for those claiming power in form of religious groups is expanding in Islamic countries and has become the greatest challenge for the Islamic world. Misuse of jurisprudential rules named "Tatarros" and "Avoidance of Taghut" is the most abject mental and practical ...
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Takfiri terrorism, as a political phenomenon for those claiming power in form of religious groups is expanding in Islamic countries and has become the greatest challenge for the Islamic world. Misuse of jurisprudential rules named "Tatarros" and "Avoidance of Taghut" is the most abject mental and practical approach that is being practised by this group. The present article adopts library and descriptive-analytical methods to examine major principles of Takfiri terrorism from the perspective of jurisprudence and law. The purpose of this study is to prove that the main principles of Takfiri terrorism, namely the jurisprudential rule of "Tatarros" and "Avoidance of Taghut", seek aggression and other forms of terror in Islamic countries and that the killing of Muslims by Takfiris is unrelated to the rule of Tatarros. The question is what conditions govern these rules according to Islamic jurists and whether these rules entail suicide attacks and the killing of civilians.
Aliazam Rafinejad; Ali Najafi tavani; Mohammad Jafar Saed
Abstract
In criminal proceeding, the victim participation as a precondition of enforcement of law is very important. The comparative study of victims participation in various generations of criminal courts and their effectiveness from new developments of criminal justice specially the restorative justice, will ...
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In criminal proceeding, the victim participation as a precondition of enforcement of law is very important. The comparative study of victims participation in various generations of criminal courts and their effectiveness from new developments of criminal justice specially the restorative justice, will help us to understand the approach of these courts towards victim participation in international criminal law. The end of cold war and aftermath developments in the regions like Rwanda and ex-Yugoslavia resulted to shaping international criminal tribunals. After making International Criminal Court some cases in Africa refer to ICC, and the proceed African cases in ICC result the unhappy of some African head of states. Meanwhile, the matter of reparations of damages to victims due to international crimes became very important. The experiences of restorative justice can be a good model for criminal justice and reparation of damages and victim participation in Africa. In this article the legal developments of protection of international crimes victims and the lessons that can be a model for protection of victims rights will examined.
Heidar Piri; Seyed Mohammad Ghari Seyed Fatemi; Hadi Mahmoody
Abstract
Analogy as an applied matter does not have the same credibility in the logic and the different areas of the contemporary international law system. In international criminal law, like most domestic legal systems which interdict analogical reasoning in criminal law, according to art.22 (2) Rome Statute ...
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Analogy as an applied matter does not have the same credibility in the logic and the different areas of the contemporary international law system. In international criminal law, like most domestic legal systems which interdict analogical reasoning in criminal law, according to art.22 (2) Rome Statute of the ICC:the definition of a crime shall be strictly construed and shall not be extended by analogy. Nevertheless, in the international community as evolving, Criminal rules are not always able to accommodate all the crimes that occur.Hence,the lack of comprehensiveness of law and the emergence of new issues,as well as the use of ambiguous terms such as "other inhuman acts" in most of international criminal documents, made it inevitable to use analogy in international criminal law,not only as a useful tool in identifying applicable rules, but also as a form of interpretation.However,the authors believe that the use of analogy in international criminal proceedings does not have the power to make new crimes and imposes punishment without resorting to a valid criminal code. In addition to expressing a normative framework for analogical reasoning in international criminal law,this article analyzes the role of analogy in the decision-making processes of the international criminal courts and Tribunals
Amir hossein Rahgosha; Yousef Niknam; Mehdi Hooshyar
Abstract
Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism. In the first approach, the goal is to further protect the accused and guarantee ...
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Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism. In the first approach, the goal is to further protect the accused and guarantee his human and individual rights, in the second approach, the goal is to improve the quality of the trial and the performance of the judicial system. Studies show that the dominant approach in Iranian law, as well as in many other individualistic legal systems, has been the reason for the exclusionary rule. the changes that have taken place in the legal system have caused the ideological foundations of this rule to change and society to thinking be in the center of attention rather than the individual, which in turn raises the status of the judiciary and, in other words, increases legitimacy. This study was conducted with a comparative study in the USA and Iranian legal system and the result is the confirmation of the rise of both legal systems to collectivist thinking as the basis for identifying exclusionary rule and attention to social feedback on the performance of the judiciary.
mohsen Ghojavand; Omid Shirzad
Abstract
Doing review in judicial changes about transaction in order to evasion of debt in Iranian law regime show that there are very fluctuations that can be described as unjust exceeding stream to unreasonable indifference. There is a certain fact that the rights of lawful creditor have impacted from these ...
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Doing review in judicial changes about transaction in order to evasion of debt in Iranian law regime show that there are very fluctuations that can be described as unjust exceeding stream to unreasonable indifference. There is a certain fact that the rights of lawful creditor have impacted from these fluctuations and approaches. The mentioned crime as a current and widespread crime sometimes described as a fraudulent act and sometimes has been recognized by a medium approach in Iranian law regime.at this time, there are some requirements to meeting this crime upon new financial convicted persons act, for example, the requirement of definite conviction of debtor and protected debts in judicial forums in order to realize of mentioned crime. This requirement have many social and personal tangible harms for creditor and this situation can be resolved only by amending of new act and provisions so judicial procedure about financial convicted persons act.
Mohsen Rezaee; Mohamad Mirzaee
Abstract
استناد به مصلحت در سیاستگذاری جنایی همواره از موضوعات چالشی میان فقها و حقوقدانان تلقی شده است. علیرغم تمام ایراداتی که توسط مخالفان حجیت و کاربرد مصلحت در امور فقهی ...
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استناد به مصلحت در سیاستگذاری جنایی همواره از موضوعات چالشی میان فقها و حقوقدانان تلقی شده است. علیرغم تمام ایراداتی که توسط مخالفان حجیت و کاربرد مصلحت در امور فقهی و حقوقی اقامه گردیده ولیکن ضرورت استناد به آن البته در پرتو ضوابط شرعی و عقلی در لزوم رعایت مصالح و مقتضیات زمان و مکان و در صدور احکام و تدوین قوانین ضمن از بین بردن محجوریت اسلام و کاهش شبهه تحجّر و تصلّب دینی در عدم تامین نیازهای ضروری انسان، باعث فتح بابی ضابطهمند در تجدیدنظر در موضوعات مستحدثه خواهد شد. بنابراین ضرورت دارد تا با توجه به حساسیتهای موجود درباره کاربرد مصلحت در امور کیفری که مستقیما با حقوق بنیادین افراد رابطه دارد، ضوابط استناد به آن در مصلحتانگاری در ابعاد مختلف سیاست جنایی تبیین گردد. یافتههای این مقاله که با روش توصیفی و تحلیلی تهیه شده بیان میدارد که قلمرو کاربرد مصلحت را نبایستی صرفا منحصر به نوع خاصی از احکام مانند تعزیرات دانست بلکه به دلیل تبعیت تمام احکام از مصالح و مفاسد نفسالامری، در تمام احکام جاری و ساری خواهد بود ولیکن این جریان منطبق با قواعد و ضوابط کلی عقلی و شرعی و تحت ضوابطی خواهد بود که در این مقاله احصا گردیده است.
siros parvizi; rahim davarnia
Abstract
In the domestic law, the damage to the murdered family as a result to the deliberate killing of the murdered family has not paid special attention and the offender or community has no obligation to survive the victim’s survivors. However, the loss of a member of the family faces other members of ...
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In the domestic law, the damage to the murdered family as a result to the deliberate killing of the murdered family has not paid special attention and the offender or community has no obligation to survive the victim’s survivors. However, the loss of a member of the family faces other members of the pupulation with various crises and provides a source for many deviations and problems in the family and society, especially if the lost member is a family leader. In this article concluded that the crime of internation murder in addition to the direct victim (victim) has an indirect victim ( such as a parent and victimized) in the first step and in the next step, be supported by the legislator and the community. In this way , it is clear from the examination of domestic law that the definition of victim includes relatives and victims of the victim and on the basis of various legal, religious and rational principles, it should be supported in various international documents as well. Victim survivors have been used and member states have been required to support this group of victims.
Yazdan Seyghal; Amir Irani
Abstract
Endangerment as a criterion for those behaviours that can potentially and potentially threaten the health and safety of individuals in the future is a criterion that considers the behaviour worthy of attention regardless of the outcome. This criterion can provide a comprehensive model in describing (wrongdoing ...
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Endangerment as a criterion for those behaviours that can potentially and potentially threaten the health and safety of individuals in the future is a criterion that considers the behaviour worthy of attention regardless of the outcome. This criterion can provide a comprehensive model in describing (wrongdoing or criminalization) behaviours against health and safety, according to the basic philosophical principles in the principle of injury by referring to possible injuries and their classification. This article seeks to answer the fundamental question of how and by what approach can a significant number of immunosuppressive behaviours be envisioned as a criterion of risk in criminal law by explaining the income based on the description of the risk criterion. It seems that the Iranian legislature, by dividing the legal instances of risky behaviours, not only deviates from the goals of systematic description, i.e. social safety, but also pays attention to the need to separate instances of error from crime and systematic possible degrees of risk in regulations and adjust the position of criminal law in ensuring safety and preventing risky behaviours.
Somayah sadat Mirilavasani; Mohammad Ghorban zadeh; Behnam Akbari
Abstract
Embezzlement is one of the economic crimes, which undermines public confidence. Embezzlement has a history parallel to the formation of the state. It has had a negative impact on people-government convergence and the economy since the formation of the nation-state in 1649. It has been mentioned in various ...
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Embezzlement is one of the economic crimes, which undermines public confidence. Embezzlement has a history parallel to the formation of the state. It has had a negative impact on people-government convergence and the economy since the formation of the nation-state in 1649. It has been mentioned in various domestic and international documents. However, there are differences between domestic and international anti-embezzlement platforms including the lack of criminalization of embezzlement in the private sector. There is also a lack of mechanism of international judicial assistance in embezzlement, non-explanation to elaborate on whistleblowing rules on combating embezzlement in Iranian domestic law and there is no warranty of effective international enforcement against embezzlement. The current research is practical as far as its aim is concerned and has been carried out by applied by a qualitative method and the data collection has been carried out through libraries and documents.
Seyed Ebrahim Ghodsi; ATEFEH Sheikheslami
Abstract
The expansion of international protection of human rights norms and the birth of new forms of crime have led to profound changes in various areas of Criminal law. Regulation and ratification of international documents with the aim of eliminating the legal vacuums and promoting harmonization in the national ...
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The expansion of international protection of human rights norms and the birth of new forms of crime have led to profound changes in various areas of Criminal law. Regulation and ratification of international documents with the aim of eliminating the legal vacuums and promoting harmonization in the national criminal law systems and in order to create and promote effective criminal responses to such crimes has replaced the classical Criminal law mechanisms. But, the actions of some states in absorbing and integrating the acts determined in international documents have not been in line with the purposes of these documents in the global confrontation with the violation of international norms.Using descriptive and analytical method, this study seeks to investigate the obstacles to this alignment in both political and legal fields. The findings show that the structural changes of the UN in promoting the decisive role of states, increasing convergence at the regional level consequently increasing the influence of policy-making in the international arena, the flexibility of national criminal law systems with the international documents and the maximum use of reservation right will be effective in increasing alignment in the agreed areas and reducing the complexities arising from these obstacles.
Gholamreza Javaheri; mehdi esmaeeli; Hasan Hajitabar firuz jayi
Abstract
Pornography existed before the creation of the Internet. It is not possible to say whether the advent of the Internet has fuelled the demand for pornography and expanded an existing market, or whether it simply satisfies in new ways a market that would have existed in any event. It is clear, though, ...
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Pornography existed before the creation of the Internet. It is not possible to say whether the advent of the Internet has fuelled the demand for pornography and expanded an existing market, or whether it simply satisfies in new ways a market that would have existed in any event. It is clear, though, that the Internet provides an environment for the proliferation of child pornography and the creation of an expanding market for its consumption. The Internet has increased the range, volume and accessibility of sexually abusive imagery, including child pornography. Child pornography depicts the sexual or sexualized physical abuse of children under 16 years of age. Some countries has joined many other nations in an international effort to combat this multi-faceted global menace that combines both heavily networked and highly individualized criminal behavior. This paper examines the typology of pornography offending, as well as law enforcement responses to the problem.
Mehdi Jaliliyan; Ahmad Haji Dehabadi; Mohammad Ebrahim Shams Nateri; Mahdi Sheidaeian
Abstract
The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements ...
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The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements over the subject of whether men are the owners of their organs or not. The resulted approach is that Islamic viewpoint, contrary to western ideologies which are humanistic, does not completely accept self-ownership. From the viewpoint of Islamic jurisprudence, freedom of men and their dominance on their body is an axiom but cannot expose them to unreasonable harm. From the standpoint of western legal theory, the proponents of self-ownership believe men are the owners of their organs and thus maintain that this law faces some limitations in the framework of natural law. Moreover, they hold that criminalization of unreasonable harm to self is not to be justified. In contrast, those who believe in the moral patriarchal theory object to self-ownership and justify the criminalization of such conducts. The present article analyzes the afore-mentioned standpoints through a descriptive method and then compares unreasonable cosmetic surgery in the criminal law of Iran with those of England andؤ
Abstract
In accordance with the prevailing understanding of the principles of Article 168 of the Constitution of the Islamic Republic of Iran, the absolute political (both press and non-press) crimes and the press (both political and non-political) shall fall under the said principle and all such offenses shall ...
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In accordance with the prevailing understanding of the principles of Article 168 of the Constitution of the Islamic Republic of Iran, the absolute political (both press and non-press) crimes and the press (both political and non-political) shall fall under the said principle and all such offenses shall be dealt with. This conception of Article 168 has shaped the practice of the current system of judicial system in Iran over the past three decades for the prosecution of press crimes courts, whereby the rights and dignity of individuals or the ethical standards and order of public safety during proceedings. Many publications of the press and media have been publicly infringed. Iran's economy has been critically reviewed and cited in the absolute openness of press crime hearing that finally must have been held in secret, with the exceptions to the principle of publicity - the ill-conceived consequences of the public formation of the press court, and in order to get out of this defective judicial tradition, the enforcement of the two laws of criminal procedure enacted in March 2013 and the political crime enacted in 1395 (That would disable political and civil courts T allowed), has been emphasized.
Code of Criminal Procedure
Javad Salehi
Abstract
The ICC ruling on jurisdiction in the Myanmar situation by relying on Article 19(3) of the Statute at the request of the Prosecutor, results which have not been known before. The ICC jurisprudence in relation to the application of Article 19 of the Statute to the situation in the Myanmar has led to conclusions ...
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The ICC ruling on jurisdiction in the Myanmar situation by relying on Article 19(3) of the Statute at the request of the Prosecutor, results which have not been known before. The ICC jurisprudence in relation to the application of Article 19 of the Statute to the situation in the Myanmar has led to conclusions that are important to examine. Therefore, reviewing the results of the ruling on jurisdiction in the Myanmar situation and identifying the exit strategy based on jurisprudence is one of the objectives and subject of this article. Research method is descriptive-analytical and relies on the Statute provisions and the ICC jurisprudence to answer research question. What are the results of the prosecutor’s request for a ruling on jurisdiction in the Myanmar situation? Research findings show that the ICC jurisprudence in the Myanmar situation not only did not prevent the loss of costs, according to the prosecutor under the concept of judicial economy, but only transferred it from the prosecutor’s office to the ICC. This view is based on two conclusions drawn from the ruling on jurisdiction in the Myanmar situation in light of the ICC jurisprudence.First, the issuance of ruling on jurisdiction did not preclude the need to consider the prosecutor’s future request for authorization of the investigation in the Myanmar situation. However, if the prosecutor had resorted to the provisions of Article 15(3) of the Statute from the outset, both the ICC jurisdiction would have been established and the investigation into the Myanmar situation would have been authorized. This is a cost that the Prosecutor has paid for by wasting time, energy and the ICC’s facilities with the theory of judicial economy in her opinion in the situation of the Myanmar. Although the Prosecutor tried to make this cost zero by resorting to the mechanism of Article 19(3) of the Statute, but the ICC jurisprudence showed that this cost is not only not zero, but it is transferred from the Prosecutor’s office to the ICC. Of course, resorting to Article 15(3) of the Statute is subject to providing the necessary documents and reasons to prove the logical basis for the need to start a preliminary investigation in the situation in the Myanmar, which is obtained for the Prosecutor after a brief review of the issue and the supporting reasons according to Article 15(1) of the Statute. But there is a doubt that the Prosecutor was forced to resort to the mechanism of Article 19(3) of the Statute. If the prosecutor was sure that the principle of objective territorial jurisdiction and the effect of the Bangladesh’s membership in the situation of the Myanmar is the basis for exercising the ICC’s jurisdiction, perhaps she would not resort the mechanism of Article 19(3) of the Statute instead of the mechanism of Articles 15(3) and 18(2) of the Statute and preliminaries.Second, recourse to the mechanism of Article 19(3) of the Statute has led to the disregard of the requirements of Article 19(2) of the Statute governing Article 18(7) of the Statute, which is related to Article 15(3) of the Statute. The competent state’s objection to the ICC jurisdiction depends on the Prosecutor’s resort to the mechanism of Articles 15(3) and 18 of the Statute, which was missing in the process of hearing and issuing the ruling on jurisdiction in the situation of the Myanmar. Therefore, the Prosecutor’s resort to Article 19(3) of the Statute without observing the formalities in Articles 15(3) and 18 of the Statute had a negative impact on the position of the state objecting to the application of complementary jurisdiction of the ICC at the stage of issuing the decision to accept jurisdiction in the situation of the Myanmar. These requirements are one of the components of a fair trial and the granting of the opportunity to challenge the ICC’s complementary jurisdiction, which was fulfilled by the prosecutor in accordance with the procedures of Articles 15(3) and 18(2) of the Statute, but did not. The right to object to the application of the complementary jurisdiction of the ICC or to prevent it by using the mechanism in Articles 18 and 19(2) of the Statute is for the state claiming criminal jurisdiction in the crimes under the ICC jurisdiction in which the Prosecutor is applying for permission to start an investigation. According to Article 15(3) of the Statute, the Prosecutor requests permission to start a preliminary investigation, and the state claiming jurisdiction immediately objects to it by resorting to Articles 18 and 19(2) of the Statute to prohibit the ICC’s complementary jurisdiction. Although this possibility is weak in the situation of the Myanmar, it should not be prejudged. Therefore, the judicial procedure thought out a solution to avoid ignoring the rights of the competent state in this regard. Therefore, the competent state’s objection to the ICC jurisdiction at the stage of issuing the order accepting the ICC’s jurisdiction was postponed to the next stage, i.e. the stage of issuing the order for the prosecutor’s preliminary investigation in the Myanmar situation.
abbas tadayyon; zeinab bagherinejad
Abstract
Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility ...
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Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility of principle. Accordingly, fundamental principles of procedure are broad and permanent principles that originated of fundamental and constitutional law that their existence causes duration and continuity and their absence causes fragmentation of procedure life and its legitimacy. Fundamental principles in preliminary research phase, on the one hand, in framework of principles and rules governing on protection of individual rights and freedom of accused and victim and on the other hand, in framework of principles and rules related to protection of order and security of social people has ability to operation and enforce. Security and guaranty of these fundamental principles through recognition of relationship these principles with procedure measures and determination of suitable enforcement against any lack of attention or violation are Possible.
Hajar Azari; Zahra Babazadeh
Abstract
The international community has come a long way in recognizing women's human rights. Efforts to address sexual violence as an independent human rights crime and its reflection in international and regional instruments continue. Sexual violence and its instances before entering directly into international ...
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The international community has come a long way in recognizing women's human rights. Efforts to address sexual violence as an independent human rights crime and its reflection in international and regional instruments continue. Sexual violence and its instances before entering directly into international documents have been considered in the rulings of international criminal courts and under the criminal headings of war crimes, crimes against humanity in the framework of a systematic and widespread attack. However, its formulation as a crime against humanity due to the gross human rights abuses, irrespective of it having been perpetrated in peace or war or the aggression-victim relationship, are noteworthy innovations recognized in the 2011 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, known as the Istanbul Convention. This research, with a qualitative approach and descriptive-analytical method, will examine the provisions of this convention on identifying the dimensions of violence against women, the conceptual development of the crime of rape, the envisaged mechanisms including legislative, judicial and executive, the analysis and the process from globalization to the humanization of human rights, and the changing role of international law and its impact on the protection of women against violence.
Valiollah Sadeghi; Hasan Moradi
Abstract
From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases ...
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From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases and regulations issued in the past year, especially the approvals of the National Corona Headquarters. In this criminal policy, on the one hand, various health-action measures are implemented to prevent the transmission of Quaid-19 virus, and on the other hand, in response to the violation of these measures, classic and modern criminalization / minor offence have been imposed. Minimal criminal intervention, Status-oriented, Colorful responses, Gradual punitiveness and intolerance in some matters have been features of the preventive criminal policy against Corona. Therefore, the body of criminal policy governing this virus is a combination of criminalization and irregular responses, which has led to the creation of a special justice system within the criminal justice system. It seems that the developing tendency of the mentioned headquarters towards criminal policy based on situational prevention and contentment with fines and deprivation of violators has led to neglect of the etiology of non-compliance and insufficient attention to social preventive measures. It seems that with the prolongation of its prevalence in the country and the decrease in the value of official norms, it may lead to an increase in the number of violations.
Mohammad Reza Barzegar; Gholam Hussein Elham
Abstract
The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for ...
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The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for possible accidents. The present study seeks to investigate how, with current criminal laws, it is possible to resolve issues arising from injuries caused by self-driving car. In this paper, regardless of other factors, only the criminal liability of the car user has been addressed. The present paper proceeds with a descriptive-analytical approach and adapts the existing rules on the self-driving car. Examining the aspects of this issue, the current study concluded that basis for imposing liability on a user at zero, one and two levels is similar to that of ordinary cars, since ultimately the user is liable for any result generated from the combination of user's driving and driver assistance systems. The basis of liability at level three is user's omission. The self-driving car at level four is a combination of level three and five of self-driving cars and regarding the user's
Parisa Dehghani; Mohammad-Hossein Ramazani Ghavamabadi; Mohammad Reza Alipour
Abstract
Among the many areas in which the Martens’ Clause has been raised, great attention to international criminal law is of particular importance. Because in this context, the Martens' Clause and its elements, especially the principles of humanity and public conscience, as a rational solution that stems ...
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Among the many areas in which the Martens’ Clause has been raised, great attention to international criminal law is of particular importance. Because in this context, the Martens' Clause and its elements, especially the principles of humanity and public conscience, as a rational solution that stems from the most sublime aspects of human dignity,has been manifested by an extensive interpretation in criminalizing the attack to human values, combating impunity and prosecution of perpetrators of international crimes.Additional attention to the Clause and the identification of its constituent elements, in international criminal law in theory and practice, it further reveals the high position of human beings in contemporary international law. International criminal tribunal have made effective inferences by using the capacities of the Clause and its effective role in the interpretation process, clarifying the content of the rules, blowing the spirit of innovation and the element of advancement into the international criminal law,filling gaps and eliminating the ambiguity in the international provisions, that make it possible to understand the content, and its legal functions.Therefore,the authors argue that a proper application of the Clause in international criminal jurisprudence will lead to the emergence of other principles and rules in international law.
