khirallah hormozi; hasanali moazenzadegan; seyed hojat alavi
Abstract
In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become ...
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In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become competent to consider legal cases. Private lawsuit due to a crime may be filed by the victim in order to compensate material or spiritual losses, or the loss due to possible profit. Such cases, in terms of nature, are considered as a civil liability of the offender and in terms of formalities, require observance of civil procedures proceedings. A Private lawsuit due to a crime is considered as a legal case. Private lawsuit due to a crime has similarities and differences with public lawsuit. A private lawsuit, in terms of its goal, claimant and defendant and competency, is different from a public lawsuit and in terms of its origin and competency of the criminal court, is alike the public lawsuit.
Jamshid Gholamloo
Abstract
Confession is a traditional and common evidence in Criminal cases. It is assumed that the reasonable person, does not plead guilty. However, some of the defendants confessed to the crime in which they actually did not commit and are innocent. In this paper, by using case study method, the 13 cases which ...
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Confession is a traditional and common evidence in Criminal cases. It is assumed that the reasonable person, does not plead guilty. However, some of the defendants confessed to the crime in which they actually did not commit and are innocent. In this paper, by using case study method, the 13 cases which a false confession obtained by police, were analyzed. The data were collected by case analysis, observation and interviews. Police place in the forefront of obtaining a false confession. When the police believe a person is a criminal and hasn’t got any evidence, suspect’s confession is the easiest solution to prove accusation and to finish investigation. Police officers obtain a false confession by a three-step process: suspected misclassification, coercion and contamination. Recording interrogations along with training correct ways of interrogation and informing police officers as to false confessions causes and consequences will prevent or reduce false confessions in police investigation.
Hossein Mirmohammad Sadeghi; Ali Rahmati
Abstract
The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness ...
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The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.
Afshin Abdollahi; Javad farazmehr
Abstract
Legislator in the note of Article 20 of the Islamic Penal Code except legal persons of public law to punish in cases where they exercise sovereignty. Nevertheless, determining the examples of these individuals in practice and that In what cases do these individuals exercise sovereignty, it's not easy. ...
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Legislator in the note of Article 20 of the Islamic Penal Code except legal persons of public law to punish in cases where they exercise sovereignty. Nevertheless, determining the examples of these individuals in practice and that In what cases do these individuals exercise sovereignty, it's not easy. In addition, there are some private entities which the nature of their actions is in the public service, however, they are not exempted from the punishments of Article 20 and their punishment may cause problems in practice. Another ambiguity is that the persons mentioned in the note, if In the direction of non-sovereignty, commit crimes, are there any penalties applicable to them? Given these ambiguities, this research distinguishes between actions of sovereignty Non-sovereignty and defines the causes of exempting legal persons of public law from punishment and investigates the impossibility of imposing any punishment in sovereign affairs. It seeks to highlight the types of legal persons of public law and the status of private professional systems such as some private individuals in charge of public services.
khiralah hormozi; seyed hojat alavi
Abstract
In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action ...
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In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action in the criminal court related to damages of a crime, since according to general principles governing Civil Procedures Law, if claimant or his/her successor is not considered as a beneficiary in the filed action, or if the action has no regard with the defendant, it would result in abatement of action, and if the claimant does not file the action in competent courts based on rules and regulations, it would result in judicial disqualification. Findings of this research indicate that generally, parties to a private action due to a crime are comprised of four groups including Personal claimant (victim of a crime who has undergone damages due to the crime); Successors of the personal claimant (including 1. Heirs of the victim, 2. Creditors, 3. Legal persons); Personal defendant (committer of the crime or his/her accomplice), Successors of the personal defendant (heirs, debtors, and persons with civil liability).
Jahandar Akbari; Mohammad Ashouri; Mohammad Ali Ardabili; ali saffaari
Abstract
Death penalty is disputed retribution between the chain of retributions with different execution styles has accompanied humans throughout history with numerous followers and opponents. In the last decades disputes between the followers and opponents between the followers and opponents of this retribution ...
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Death penalty is disputed retribution between the chain of retributions with different execution styles has accompanied humans throughout history with numerous followers and opponents. In the last decades disputes between the followers and opponents between the followers and opponents of this retribution has continued more extensively. The result of these fundamental disputes of the opponents and elimination of this retribution from the criminal law or in some cases, despite keeping it in texts. The execution is eliminated. This article focuses on the death penalty while looking for attaining the philosophy of death penalty by utilizing the two major views of retributivism and utilitarianism in philosophy of retribution and it’s reconciliation with each of the two views mentioned before. The results indicate the although death penalty is mostly accordant to the objectives of utilitarianism like incapacitation and relative compatibility with preventing through intimidation, it is corresponding more with the opponent view that is retributivism. Revocation or undermining the routine futuristic justifications of life deprivation punishment, can help legislator remove or at least limit the punishment.
mohammad haddadzadeh; mohammad hhabibzadeh; mohammad faragiha
Abstract
Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become ...
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Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become a serious support to protect the execution resorting to its preventive function. Analyzing the drug offenders’ decision procedure is necessary to evaluate this claim and to emphasize or reject the deterrence of execution. Indeed , in drug offences in Iran, confidence in some conditions such as logic calculations and standard percentage of committed offences , the offenders’ knowledge about the benefits and risks of the crime, possibility of voluntary decision making and selection of the type and weight of the materials. While, analysis the present situation and referring to the judges’ evidences and experiences indicate that for some reasons such as the chained structure of smuggle in the country and conditions of the south-eastern regions and the characteristics of the accused, this confidence is not present
seyed Amreddin Hejazi; Mohammad Ali Solhchi
Abstract
The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and ...
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The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and security. They need to be restored, confronted and confronted. In the meantime, international bodies such as the United Nations Security Council, which on the one hand are subject to universal consensus and have their views and ratifications, and on the other hand have the power and capacity to deal with issues that violate international security and criminal justice, Consider a suitable solution. In this descriptive and analytical study, we found that the Security Council used tools such as the theory of responsibility and support, as well as the capacity to refer specific cases to the International Criminal Court, as well as the right to resort to military force and assign it to the United Nations. It is a consensus of the countries of the world, acting against the threatening manifestations of international criminal justice and security, all of which are palpable in the cases of Rwanda, Yugoslavia and the like.
mohammad ashoori; negin haghighat
Abstract
Acid attack, as an anti-social behaviour, is a serious crime with severe punishment under legal systems.The severe damage caused to the public order, and the harm caused to the victims necessitates severe punishment imposed on the the perpetrator and supportive measures provided for the victim.This paper ...
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Acid attack, as an anti-social behaviour, is a serious crime with severe punishment under legal systems.The severe damage caused to the public order, and the harm caused to the victims necessitates severe punishment imposed on the the perpetrator and supportive measures provided for the victim.This paper examines the measures taken by the newly enacted law in attempt to prevent the commission of this heinous crime and to support victims.By adopting a descriptive and analytical method, this paper considers the legislative background of this crime, and examines its constituent elements under the new law.It examines the effect of aggravation of punishment, prohibition of applying leniency institutions, aggravation of abettor's punishment and adoption of preventive measures in reducing the occurrence of this crime. The paper emphasizes the need to provide physical and psychological support to the victims, which was not provided in previous legislation.The conclusion is that, in spite of the positive steps taken in the newly enacted law, in the sense of increasing the punishment, and providing supportive measures , further measures are still needed to ensure the prevention, and especially situational prevention of this crime such as identification of acid buyers and registration of such transactions
Morteza Asghari; Hossein Mirmohammad Sadeghi
Abstract
There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments ...
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There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments in 2010 and Assembly state parties 2017 introduced specific rules regarding ICC’s jurisdiction for aggression that differ from the usual jurisdiction of the Court in respect of other crimes within its jurisdiction. It also lacks a clear and precise explanation for ICC’s specific jurisdiction over the crime of aggression, which has sometimes led to disagreements among jurists. Therefore, this paper will examine the ambiguous points of this jurisdiction regime in the Statute as well as the difficulty of applying ICC’s jurisdiction over the crime of aggression after July 17, 2018.
Nabiollah Gholami; Hussein gholami
Abstract
Explaining new phenomena and events in various fields using macro and interdisciplinary theories and strategies is on of the practical tools for better understanding of these phenomena in order to adopt appropriate management-executive approaches to them. Therefore, understanding the concept of "Sovernment ...
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Explaining new phenomena and events in various fields using macro and interdisciplinary theories and strategies is on of the practical tools for better understanding of these phenomena in order to adopt appropriate management-executive approaches to them. Therefore, understanding the concept of "Sovernment Crime" as a systematic violation of citizens' rights by the government, under "Game Theory" as one of the strategic theories to explain phenomena and events in the fields of social sciences and international relations, is a matter that is both from the perspective of understanding and promotion. The so-called government crime literature is worthy of attention in terms of attention to the objective and practical aspects of identifying and responding to government crimes. Therefore, in this article, considering the state and citizens as two main actors in different fields, and using the principles and elements of game theory, it has been argued that the actors participating in a game have rationality and by calculating their possible profit and loss participate in the game process and seek maximum profit and minimum loss. These actors reach equilibrium at a point known as the saddle point - in which each actor has gained a certain amount of profit and loss. This point is the point where it is no longer possible to receive more profit and less loss for any of the parties, and if the game continues, they will suffer a decrease in profit and an increase in loss. Finally, it has been concluded that the states, with tools such as bringing other actors into their playing field with citizens, using rents and information tools, changing the rules and regulations governing the game, cause the balance to be disturbed and the saddle point to be shifted to turned towards themselves and thus cause systematic violation of citizens' rights.
Masood Bassami
Abstract
Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is ...
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Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is a crime, but there is no consensus on what a criminal offence is. Some believe in theft, some in abuse of confidence, some in the transfer of property of others, and some in the acquisition of property through illegitimate means. On the other hand, some jurists believe that the illegal seizure of property is not a crime. The results of the present study indicate that the opinion of the second group is stronger and seizure of property is not a crime even if it is against the law.
Habib Soryani; Azam Mahdavipoor; Raheleh Seyed Mortezahosseiny
Abstract
Victimology studies based on the facts of social life indicate the victim precipitated in many of criminal homicide. The punishment of the offender should be determined according to the circumstances of the crime and in proportion to his responsibility. Whereas in the Islamic Penal Code of Iran, victim ...
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Victimology studies based on the facts of social life indicate the victim precipitated in many of criminal homicide. The punishment of the offender should be determined according to the circumstances of the crime and in proportion to his responsibility. Whereas in the Islamic Penal Code of Iran, victim provocation who sometimes is more guilty than the offender, is allocated to Ta'zir punishments only as one of the mitigating factors. This article in descriptive and analytical study, aims to research the role of effective provocation of the victim in abolition of Qisas, considering the results of victimology knowledge and the necessity of the dynamics of criminal jurisprudence. The results of the analysis of some traditions on the subject of Qisas, such as Sahih Suleiman bin Khaled and Sahih Halabi with a new perspective, indicate the abolition of Qisas due to effective provocation of the victim. According to the findings of this study, it is necessary to add a note to the general conditions of Qisas in Article 301 of the Penal Code that the victim will not have the right of Qisas if he has started the aggression and the provocation.
hamidreza daneshnari; Elnaz Nesai Javan
Abstract
Today, in the light of new attitudes in cultural crime, the discussion of the media representation of the status of women has been considered. The cinema as the seventh art has always been associated with gender-based approaches, and the representation of gender and women has been reflected. Accordingly, ...
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Today, in the light of new attitudes in cultural crime, the discussion of the media representation of the status of women has been considered. The cinema as the seventh art has always been associated with gender-based approaches, and the representation of gender and women has been reflected. Accordingly, this study, using the qualitative content analysis method, aims to analyze and evaluate the cinematic film in the light of gender-based approaches. Based on the findings of the content analysis, Monsanto's film, focusing on the crime of rape and drawing the problems of the victims of this territory, seeks to recognize the rights of women and support victims of rape. The focus on translating the obvious and hidden meanings of the film shows that the hegemony of patriarchal thinking in the epistemology of rape is confirmed in the form of a victimized blaming theory of the role of a victim of crime, and sometimes in the light of the dualism of the noble-minded women, the victim's delinquency. However, the overall assessment shows that the film recognizes extremist feminist attitudes such as existentialist and psychoanalytic feminism.
Gholamreza Gholipour; nasrin mahra
Abstract
The idea of criminalizing ecocide as an international crime, for the first time, was raised in the 1970s. However, this green idea did not become an international criminal norm because of the opposition of some powerful governments, the resistance of large business enterprises, and preponderance of economic ...
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The idea of criminalizing ecocide as an international crime, for the first time, was raised in the 1970s. However, this green idea did not become an international criminal norm because of the opposition of some powerful governments, the resistance of large business enterprises, and preponderance of economic development discourse over environmental law discourse. At the time of drafting statute of the international criminal court (1998), "war ecocide" was criminalized only as one of the manifestations of war crimes, even that was accompanied with so many conditions and limitations that it has almost been impossible to effectively prosecute and try ecocide perpetrators. This resulted in the impunity of ecocide perpetrators all around the world and in the continuation of the gradual destruction of the earth and its vital resources. In order to put an end to this environmental impunity, it is imperative that the international community criminalize ecocide crime (in peacetime) as the most severe and most serious environmental crime and put this crime within the jurisdiction of the International Criminal Court.
Hossein Mohammad Kourehpaz; Abolghasem Khodadi; Ali Azizi
Abstract
The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the ...
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The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the constituent elements of the crime, use of the legal capacity of a conditional or suspended pardon, and obtaining the plaintiff's consent after the announcement of the end of the proceedings and before the verdict; are Judicial initiatives. Also, the replacement of similar institutions with unimpeded legal establishments such as the establishment of the Peace Council and the social work unit, the referral of mediation to counter with closed- case policy _to believe the number of closed case as the criterion for the efficiency of judicial system instead of quality of decision making_ and the cooperation with the lawyers of the Association for the Protection of Children's Rights to solve the problems caused by the undesirable quality of defense lawyers are structural initiatives to avoid obstacles.
Mustafa Meshkat
Abstract
Today, an investment in football sector, which as one of the most popular sports around the world, has led to an upward trend. In fact, the huge money that has spent on the transfer of players, the right to broadcast television, sponsorship, etc., has provided a suitable platform for money laundering ...
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Today, an investment in football sector, which as one of the most popular sports around the world, has led to an upward trend. In fact, the huge money that has spent on the transfer of players, the right to broadcast television, sponsorship, etc., has provided a suitable platform for money laundering in the field of football. As a result, the Financial Action Task Force expressed the need for an alert on the issue of money laundering by publishing a 2009 report on such a dangerous environment. In this regard, the FATF does not just discourage the identification of vulnerable areas of money laundering in the football sector, but numerous prior and posterior mechanisms are in place to deal with these behaviors. Thus, during the present research, it attempts to study the FATF's measures against money laundering in football sector and also analyzes of Iranian legislator function to enforce each of the aforementioned measures.
Mirreza Salimi; rajab Goldoust jouibari
Abstract
In recent years, utilizing polygraph technology has drawn the attention of some legal systems in the world. However, some individuals have refused to accept it by arguing that using this technology is in conflict with the defendant's right to remain silent, which violates human dignity and interferes ...
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In recent years, utilizing polygraph technology has drawn the attention of some legal systems in the world. However, some individuals have refused to accept it by arguing that using this technology is in conflict with the defendant's right to remain silent, which violates human dignity and interferes with people's privacy. Despite the proposed disadvantages and the existing challenges in this area, polygraphs can be regarded as scientific evidence to prove the culpability or innocence of the defendant, and by amending the law, it can be considered as another legal evidence to prove a criminal case. In addition, by taking into account the system of spiritual reasons, the legal authorities operate actively in obtaining legal evidence and use whatever reason that makes them certain about a case (even if they contradict legal evidence) and bases their decision-making process on such evidence. Polygraph results can serve as supporting evidence or substantial evidence to offer a judge the necessary information to issue the right verdict, and thus, by evaluating other proofs, it can determine their precision and validity to systematize them to help the judicial authorities with making the right decision.
alihasan babaei; ahmad reza tohidi; Mahmoud Ghayumzade Kharangi
Abstract
Sometimes the prosecutor suspends filing or filing a case, subject to circumstances rather than prosecution, despite the occurrence of a crime. The prosecution authority in the national systems is the duty of the prosecutor. The question is, is the legal system of the International Criminal Court (ICC) ...
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Sometimes the prosecutor suspends filing or filing a case, subject to circumstances rather than prosecution, despite the occurrence of a crime. The prosecution authority in the national systems is the duty of the prosecutor. The question is, is the legal system of the International Criminal Court (ICC) approach to the principle of prosecution. Investigating the authority of the prosecutor in national systems and the International Criminal Court, from a comparative viewpoint, analytically-descriptive and using library resources, shows that the legal system of the Court has a systematic and well-defined approach to pursuing the necessary. Contrary to national prosecution systems, it is not the prosecutor's permission alone, but the joint task of the prosecutor and the preliminary branch. Although the prosecutor is independent in his performance, his decisions are under the supervision of the branch office. The selection and prioritization criteria for pursuing the most important crimes and the monitoring mechanism are in line with the principle of prosecution and the promise of a fair trial in the Court, and can be a suitable model for the uniformization of investigation and prosecution practices in national systems, including the Iranian criminal system Which has not been shown to be a valid requirement.
morad abasi; Mohammad Hadi Sadeghi; Fazlollah Foroghi; Seyed Mohamad Mahdi Sadati
Abstract
plurality of crime is a special situation in which a person has committed several crimes before a final conviction, and Lawyers have expressed different views on the rules of plurality of crime. the regulation of criminal institutions cannot be independent of the goals of the criminal response. The present ...
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plurality of crime is a special situation in which a person has committed several crimes before a final conviction, and Lawyers have expressed different views on the rules of plurality of crime. the regulation of criminal institutions cannot be independent of the goals of the criminal response. The present article is a descriptive-analytical study using documentary sources. This study answers the question of how the plurality of crime is affected by the goals of ta'zir and creates a new rule? Since the main goal in ta'zir is correction, and in addition to correction, compensation for the damage is also considered. Criminal talent should also be considered in the process of correction.it is also necessary to pay attention to criminal motives. Therefore, in committing crimes, if the motives are similar, they will interfere and will be limited to just one ta'zir. And if the motives are dissimilar, any motive independent of the other motive is the subject of ta'zir, and the plurality of motives will cause the plurality of ta'zir reactions. Unless the goal is achieved by applying an appropriate ta'zir,in which case the causes will interfere.In cases where the purpose of ta'zir is compensation, the plurality of victims will lead to the plurality of ta'zir,even if the motive is the same.in order to provide the Victims' interests, a reaction must be adopted in the light of which the perpetrator's correction is also achieved.
Mohsen Nourpour; Abdolreza javan jafari; mahdi seidzadeh
Abstract
The subject of the present article is to examine the evolution of corporal punishment in the first decade of the Islamic Revolution and to analyze the factors affecting it. To achieve this goal, various documents have been referred to. Also, the role of different socio-political forces and the space ...
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The subject of the present article is to examine the evolution of corporal punishment in the first decade of the Islamic Revolution and to analyze the factors affecting it. To achieve this goal, various documents have been referred to. Also, the role of different socio-political forces and the space and context of society, have been analyzed in the evolution of the discourse governing corporal punishment. The results of the research show that in the case of corporal punishment, three different discourses can be identified in the first decade of the revolution. The discourse of Sharia orientedness shows itself immediately after the victory of the revolution, as a result of which corporal punishment is carried out on a large scale and with an ideological reading of religion. The second period began a few months after the revolution and continued until the ratification of the penal code. The third period, which begins in 1982 with the ratification of criminal law, is the period of consolidation of the discourse of legalism on corporal punishment. Each of the above discourses is first described and the reason for evolution of these discourses is analyzed with regard to sociological perspective.
masood bassami
Abstract
One of the severe qualities of punishments is plurality of crimes, it is divided into two types: actual and credit. About number of crime. Criminal lawyers believe to guilty punish severely, while .this view is not about the number of credit. But, regarding to examples of number of actual and credit ...
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One of the severe qualities of punishments is plurality of crimes, it is divided into two types: actual and credit. About number of crime. Criminal lawyers believe to guilty punish severely, while .this view is not about the number of credit. But, regarding to examples of number of actual and credit there is disagreement, one of the differences is that a criminal during commit a crime, that is his/her main purpose, do another crime as an introduction of original crime. Now, the question is this situation the preliminary crime should be inside of main crime and believes in the unity of crime or it is one of the example of number crime (actual)? The Iranian Penal Code is silent about the topic under discussion but with reference to the doctrine and jurisprudence, it was necessary to consider this point that in the Iran's current criminal law, "give priority a crime to another” is one of the examples of actual plurality of crime.
saeid ghomashi; Omid Motaghi Ardakani
Abstract
Criminal behavior ,sometimes encountered by social reaction, can be investigated based on different paradigms. One of these paradigms that is less relevant is the behavioral paradigm. From this perspective, a number of human behaviors arise from the conditioning process based on the response stimulus ...
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Criminal behavior ,sometimes encountered by social reaction, can be investigated based on different paradigms. One of these paradigms that is less relevant is the behavioral paradigm. From this perspective, a number of human behaviors arise from the conditioning process based on the response stimulus relationship. The purpose of the research is to examine the beginning of criminal behavior and the efficiency components of punishment from the perspective of behavioral paradigm. The present research by descriptive-analytic method shows that the process of forming some criminal behaviors is based on the behavioral paradigm and the crime is based on the irrational will of the offender and is influenced by the conditioning of behavior. therefore, emphasizes that to deal with these crimes, it is necessary that the sanctions chosen are effective in silencing criminal behavior Conditioned; and tries to examine this objective by assessing the ability or inability to adapt the four objectives of "retribution", "incapacitation", "intimidation", and "rehabilitation and treatment" to the behavioral paradigm.
Ruhollah Akrami
Abstract
Proof of sexual crimes discussed under the prescribed punishment, including adultery in Islamic jurisprudence, is subject to certain restrictive rules. One of the important issues in this regard is the ability to prove this crime based on the pregnancy of a woman who cannot be attributed to a legal ...
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Proof of sexual crimes discussed under the prescribed punishment, including adultery in Islamic jurisprudence, is subject to certain restrictive rules. One of the important issues in this regard is the ability to prove this crime based on the pregnancy of a woman who cannot be attributed to a legal marriage. According to Imamia jurisprudence and the majority of Sunni jurisprudential Schools, pregnancy does not suffice to prove a crime. However, Maliki and a minority of Hanbali jurists have considered pregnancy as one of the other shreds of evidence for adultery punishable by prescribed punishment. The differences in these jurisprudential approaches have affected the criminal justice systems of Islamic countries. Some countries, influenced by Maliki's jurisprudence, have considered pregnancy as one of the shreds of evidence for adultery. Although some did not consider it to be proof of prescribed punishment, they ruled that the accused could be punished through Ta'zir. Another group considers pregnancy to be out of pieces of evidence that can lead to punishment. In the present paper, with a descriptive-analytical method, while explaining the jurisprudential theories in this field and evaluating their reasons, we have examined the position of the legal and judicial system of several Islamic countries in this field.
EBRAHIM ZARE; Mohammad Ebrahim Shams Naterry; Mojtaba Ghasemi
Abstract
Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible ...
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Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible to exploit the benefits of its implementation. This study is attempt to examine the general condition of multiple crime in alternative imprisonments (article 72, IPC), and interaction with other law institutes. the same way, it scrutinizes the effect of this confrontation on the determination of the penalties for alternatives imprisonment to clarify the effectiveness of this lenient institute and the limitations of applicable penalties. what springs to mind first regarding the multiplicity of crimes and the existence of this condition in alternative imprisonment, is intensification of this institution to deprive the perpetrators of a criminal offense of alternative imprisonment. On contrary, with the clarification of concept, the immediate effects of this condition will be determined by the fact that it will exacerbate minor offenses on one hand and discount for serious crimes and dangerous offenders on the other hand. Consequently, the existence of such a condition in the alternative imprisonment will rupture this institution.
