General and exclusive criminal law
Abolfazl Mohamad alikhani; Hassan Alipour; Mohamadreza Elahimanesh
Abstract
A compound crime refers to a crime that involves two or more behaviors. The combination of these behaviors, which determine a distinct nature separate from simple or single-behavior crimes, sets apart compound crimes. The multi-behavior nature of a compound crime does not solely rely on the criminality ...
Read More
A compound crime refers to a crime that involves two or more behaviors. The combination of these behaviors, which determine a distinct nature separate from simple or single-behavior crimes, sets apart compound crimes. The multi-behavior nature of a compound crime does not solely rely on the criminality of each behavior but on the presence of these behaviors in the specified order stated by law.Criminal law and judicial procedures generally adopt a straightforward approach when investigating criminal behavior. With a few exceptions, such as jurisdiction or law enforcement, they do not focus on the substantive differences in criminal behavior. The fundamental characteristic distinguishing compound crimes from other crimes is the longitudinal continuity of two or more behaviors. This means compound crimes are formed when the perpetrator or perpetrators engage in different behavior on two or more occasions. Consequently, the crime is separated from the resulting crime, which is the outcome of the behavior itself and not the behavior alone. However, despite the multi-behavior nature of compound crimes, it is essential to note that this crime is primarily equated with the resulting crime. In some instances, the second or last behavior in a compound crime may be considered the result of the crime, differentiating it from multiple, continuous, and habitual crimes.The multiplicity of behavior in a compound offense is the primary condition for committing the crime. However, this characteristic also brings it close to multiple crimes. In a compound offense, the individual behaviors do not necessarily constitute separate crimes. Instead, their presence together leads to the commission of a compound crime. On the other hand, in multiple crimes, each behavior is considered a distinct crime, and the multiplicity of the crimes occurs when the perpetrator commits multiple behaviors, with each behavior implying an independent crime. This is the main difference between these two categories. In a continuous crime, a single behavior results in the commission of the crime, even though that behavior must occur over time. Therefore, the singular behavior in a continuous crime sets it apart from compound crimes involving multiple behaviors. In the case of habitual crimes, similar criminal behaviors are repeated. Participation in a compound crime is based on collusion; thus, the collaboration and performance of one of the criminal acts by the partners lead to its occurrence. Legally, all partners do not need to engage in all criminal behaviors. If each partner commits one of the criminal behaviors, participation in the compound offense is established. In this scenario, the role of an accomplice also depends on their cooperation in all behaviors or at least in the first behavior by assisting. Therefore, if the accomplice assists and cooperates with the perpetrator in any of the behaviors of the compound crime, their participation is fulfilled. The accomplice is not legally required to cooperate in all the behaviors. Attempting to commit a compound crime is associated with completing the first behavior. The perpetrator performs the first behavior entirely but is prohibited from engaging in the second or subsequent behaviors due to an involuntary factor. It should be noted that the failure to perform the first act should not be considered an attempt.This research employs library sources and analyzes judicial opinions using a descriptive and analytical approach. It has concluded that despite compound crimes' distinct nature and characteristics, which differ significantly from simple and single-behavior crimes, they lack a clear legal position and procedure. The suggestion put forth by this article is that categories related to the behavior of crimes, mainly compound crimes, should be regulated through judicial procedures rather than relying solely on legal articles due to the standard challenges involved.
Omid Rostami Ghazani; Mohammad Zaki Hashemi
Abstract
Hoarding of goods is one of the challenges that disruptes the balance of the economies of countries. It is not possible to achieve the economic goals and programs of the states, without the control of hoarding and it's criminalizatin. The both legislators of Iran and Afghanistan have passed many laws ...
Read More
Hoarding of goods is one of the challenges that disruptes the balance of the economies of countries. It is not possible to achieve the economic goals and programs of the states, without the control of hoarding and it's criminalizatin. The both legislators of Iran and Afghanistan have passed many laws on hoarding during their legislative history, in accordance with the conditions governing their communities and in support of livelihoods and the economy of the people. This plural laws indicate the importance of the issue of hoarding on the one hand and the ineffectiveness of the laws laid down on the other. In the legal system of Iran and Afghanistan, hoarding has been prohibited under conditions of "violation" or "crime" and has been subject to administrative or criminal responses. In the legal system of Iran, hoarding is a violation and under the special terms is subject to criminal prosecution. In the legal system of Afghanistan, hoarding is considered to be both a violation and a crime, and at the same time faced with administrative and criminal responses.
Jahanbakhsh Harati; Mehrdad Rayejian asli
Abstract
Determination of lifestyle is a natural right of every person, but absolute freedom in how to live causes the norms to be broken and the values of society to be trampled on. In liberal societies, too, such a choice is a fundamental right of individuals and a natural right; Of course, as long as it does ...
Read More
Determination of lifestyle is a natural right of every person, but absolute freedom in how to live causes the norms to be broken and the values of society to be trampled on. In liberal societies, too, such a choice is a fundamental right of individuals and a natural right; Of course, as long as it does not lead to violation of the rights of others or disturbance of order. Otherwise, the government justifies its interference in the freedoms of individuals on the principle of harm. In other non-liberal societies, the government severely restricts freedom of choice of lifestyle and deprives the right to “how to live” Ideologically. This expansion and contraction in choice are influenced by different criminal policy strategies. The result of this descriptive-analytical research is that what can be desirable in today's open and pluralistic societies and in order to protect and guarantee the rights and freedoms of individuals, is the existence of a criminal policy with a minimalist and regressive strategy. It is only in light of such a strategy that “social justice” is established, and all individuals find a constructive presence in various areas of social life.
Leila Nemati; Raheleh Seyed Morteza Hosseiny; Azam Mahdavipour
Abstract
The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist ...
Read More
The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist crimes. The present article by using descriptive-documentary research method seeks to answer the question that, in order to prevent the harmful risks of terrorism in the precrime stage, what Anticipatory measures have been presented in legal systems? Findings of this research demonstrate that today Anticipatory approaches to containment terrorism have a special station in legal systems. legislative systems by adopting Anticipatory mechanisms before the occurrence of terrorist threats, Have the future-based approach Against this dangerous phenomenon. The most important Anticipatory strategies to control terrorism to include the limitation or prohibition of ownership, financial transparency and prevention of terror financing, communication, training and employment restrictions, residence and monitoring obligations , control on travelling and inspect places. Safeguards for Anticipatory measures in the face of terrorism include administrative measures, Control orders and arrest.
Ali AghaBabaei Bakhshayesh; Batoul Pakzad; Mohammadali Mahdavi sabet; mansour rahmdel
Abstract
According to the Iranian Code of Penal Procedure (2013), as welcomed by most jurists, as soon as he/she is acquitted or discharged, any defendant detained in the course of the pretrial investigation and/or trial, is principally deemed to deserve compensation from the State. Notwithstanding the positive ...
Read More
According to the Iranian Code of Penal Procedure (2013), as welcomed by most jurists, as soon as he/she is acquitted or discharged, any defendant detained in the course of the pretrial investigation and/or trial, is principally deemed to deserve compensation from the State. Notwithstanding the positive effects of the said initiative of the legislator, which have been sufficiently underlined, it is generally overlooked that Iran/s international obligation is not paying compensation to “innocent” defendants. Rather the obligation provided in the International covenant on Civil and Political Rights is to guarantee reparation for victims of illegal arrest or detention, whether or not they are found guilty of any offence. Underlining the difference between the test of “innocent defendant” on the one hand and the test of “victim of illegal detention” on the other, the article examines both the positive effects and particularly the deficiencies of the current legislation. We find that the current test and applicable procedure of reparation should be revised and the legislator needs to reconsider its position about the strict liability of the state, notwithstanding unrealistically permitting it to sue the faulty party in the detention after paying compensation
Ebrahim Rajabi Tajamir
Abstract
The global problem of terrorism, which has called on all governments to fight, requires serious measures to prevent security damage in addition to effectively confronting its policymakers. Therefore, resisting terrorism without strategic planning will intensify security measures. Method: The present ...
Read More
The global problem of terrorism, which has called on all governments to fight, requires serious measures to prevent security damage in addition to effectively confronting its policymakers. Therefore, resisting terrorism without strategic planning will intensify security measures. Method: The present research has been applied in terms of collecting information by documentary method and by studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Results: The most important components of the target of terrorist attacks; exposure, vitality, symbolism, legitimacy, destructibility, crowdedness, proximity, and ease of access are all chosen by terrorists in a rational process. Conclusion: In fact, each target is assessed in terms of the risk of terrorist attacks and, consequently, with police-oriented strategies such as reducing the target of crime, electronic surveillance, the physical presence of police in hot areas, controlling surveillance, identifying hot spots and potential criminals, designing an anti-terrorism environment and increasing police awareness can all prevent terrorist attacks.
Behzad Dorraj
Abstract
On July 17, 1998, at the Rome Conference, the Statute of the Criminal Court was signed by 120 countries as an international treaty and as a result, it was decided that after the 60th day from the date of deposit of the 60th instrument of ratification, the relevant documents shall be deposited. The articles ...
Read More
On July 17, 1998, at the Rome Conference, the Statute of the Criminal Court was signed by 120 countries as an international treaty and as a result, it was decided that after the 60th day from the date of deposit of the 60th instrument of ratification, the relevant documents shall be deposited. The articles of association become enforceable. The statute addresses the provisions necessary for the establishment of an international tribunal. Among the provisions related to jurisdiction are the admissibility of lawsuits in the Court, the general principles of criminal law, the order of proceedings, the trial, the selection of judges, etc., which have been approved as a result of intensive discussions by representatives of the signatory states. In this article, I have tried to explain the jurisdiction of the International Criminal Court and embark upon the concept of the ability to accept a lawsuit and determine the pillars and elements of its actions. Efforts have also been made to distinguish between the two concepts in the Rome Statute and when each of the above concepts is applied in the process of dealing with criminal matters within the jurisdiction of the Court.
