Gholamreza Esmaeeli azar; Baqer Shamlou; Keyoumars Kalantary
Abstract
In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in ...
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In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in the context of social conditions, in this study, in an interdisciplinary study between criminology and strategic sciences with a "descriptive-analytical" method and using the criterion of modern social classification, we seek to divide Present a new classification of crimes in accordance with the complex conditions mentioned above. According to the achievements of this study, unlike the major classification system, inspired by the model of "community management system in modern perception" as well as strategic science data, crimes in three new levels: 1- Strategic or imaginary-paradigm crimes ; 2- We have classified tactological or managerial crimes and 3- technological or individual and technological crimes. In this regard, contrary to the common perception in the alloying of crimes into Micro and Macro crimes, this research in the new alloy, crimes in four layers Nano, Micro, Macro And Super is divided according to the two criteria of Sibel or the target environment of the crime and on the other hand the damages. Finally, by combining the above topics, in a matrix structure, a new classification of crimes in the form of a doctrine can be achieved, which in this research is referred to as "crime Rating ".
Mehrdad Rayijian Asli
Volume 2, Issue 7 , July 2014, , Pages 131-148
Abstract
According to the conventional definition, fair trial is a trial by acompetent tribunal in accordance with procedural guarantees to protect thedefendants’ constitutional and legal rights especially in order to respecthis/her human dignity and presumption of innocence. Based on the argumentproviding ...
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According to the conventional definition, fair trial is a trial by acompetent tribunal in accordance with procedural guarantees to protect thedefendants’ constitutional and legal rights especially in order to respecthis/her human dignity and presumption of innocence. Based on the argumentproviding that justice and equity require recognizing the victim’s anddefendant’s rights in criminal proceeding, the present article seeks toreconsider the notion “fair trial” from a descriptive definition to aprescriptive one. In the former, respecting to human dignity of the defendantbased on his/her presumption of innocence are considered as two essentialbasic elements and providing an impartial court or tribunal and proceduralguarantees for defendant’s rights are regarded as super structural elementsbased upon. According to the latter, the article concludes introducing adescriptive definition to recognize both parties within the principle ofbalance between victim’s and defendant’s rights.
Abstract
This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. ...
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This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. The first section of the article studies the recent works done by the UN Human Rights Council and also Office of the High Commissioner for Human Rights in the framework of a project for improving accountability and access to remedy for victims of business-related human rights abuses. The second part while reviewing the Nuremberg military trials and discussions during the 1998 Rome Conference explores key questions de lege ferenda as well as current policy and legal matters.
salman nasrollahi boroojeni; Mohammad reza kazemi golvardi
Abstract
'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced ...
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'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced with a delimma challenges.This article is a discussion of this topic seeking answer to these quastions;First : is proof of punishment for 'Motajarry' stopped on proof of object indecency and subject indecency?Secondly: what is the legal nature of impossible crime?Thirdly: is 'Tajarry' criminalization justified?The approach is that; there is no doubt in 'Tajarry' subjective indecency.And suppossing proof of 'Tajarry' objective indecency proof of punishment is difficult.So 'Tajarry' criminalization as a rule based on religious ethics is not justified.Moreover the reality of criminalization in 'Tajarry' suggests that the islamic penal code (1392) with an ethical approach have been seeking maximum defense from moral blame and this is while based on religious morality defense of the impossible crime, criminalization not justified as a rule.
Nader Divsalar; ali najafi tavana
Abstract
In the present age by Getting more complicated of human and social intercommunications the more needs to present of lawyers to make balance at justice, lawyers activities have so many benefits such as transparency in the proceeding and avoid mistakes. A lawyer should have competent skills beside of independency ...
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In the present age by Getting more complicated of human and social intercommunications the more needs to present of lawyers to make balance at justice, lawyers activities have so many benefits such as transparency in the proceeding and avoid mistakes. A lawyer should have competent skills beside of independency and safety in their profession. Unfortunately lawyers have confronted many obstacles which constrain their independency and safety during and after the defense and these issue changes the advocacy rights of accused person. These obstacles such as note of article 48 of the code of criminal procedure have caused guild discrimination in addition of deprivation of accused person from having a competent lawyer. Also issuing lawyer’s license by judiciary bar which is a dependent organization to the judiciary, not only didn’t make the situation better but the move was backward which caused weakening of independent bar association. Practical analysis also shows that these issues have caused separation between advocacy and judiciary organizations and the solution is the concentrate of judiciary on courts affairs not interference at advocacy affairs.
zeinab sheidaeian; Ali Abdollahy
Abstract
Relations between the prosecution service and the police follow different models in accordance with the ruling system- Accusatorial or Inquisitorial-. This paper uses the strategy of logical analysis and library method to introduce hierarchical communication model that is in accordance with inquisitorial ...
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Relations between the prosecution service and the police follow different models in accordance with the ruling system- Accusatorial or Inquisitorial-. This paper uses the strategy of logical analysis and library method to introduce hierarchical communication model that is in accordance with inquisitorial system. This relationship is contrary to the model in accusatorial system, which is regulated by a kind of network interaction. The components of the hierarchy model include:1- broad powers of the prosecutor and governance over the police, 2- limited police powers and 3- obedience of the prosecutor and vertical relations between the prosecutor and the police. This model has the benefits such as coherent organization, certainty and equality in law enforcement, and suffers from damage such as inefficiency in monitoring, ignoring human dimensions, costly, and inflexible relationships. It seems that it is not necessary to endure these damage in the police and prosecution service relationships, because, based on the many other successful experiences of other countries in the world, hierarchical model governing prosecution service and police can be improved by making non-fundamental change. Since the model of Prosecutor's office and police relations in Iran is hierarchical, this paper can improve these relations.
General and exclusive criminal law
Abbas Mohammadkhani
Abstract
Qisas, as one of the most important punishments that has entered Iran's criminal laws from Sharia sources, has causes and obstacles that distinguish it from other punishments. The present article, which is written with a descriptive analytical method, is in the position of explaining the obstacles to ...
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Qisas, as one of the most important punishments that has entered Iran's criminal laws from Sharia sources, has causes and obstacles that distinguish it from other punishments. The present article, which is written with a descriptive analytical method, is in the position of explaining the obstacles to the implementation of qisas and their practical application, as well as the separation of these obstacles from the obstacles to proving qisas and the causes of its downfall, which will also have important practical effects. According to this research, the obstacles to the implementation of qisas in the Iranian law are the obstacles that hinder its implementation despite the existence of qisas, and despite them, the perpetrator's qisas is canceled forever or for a period of time. Known or unknown will be delayed. These obstacles are of two categories. Some categories, such as the pregnancy of a woman and the need to pay the ransom to the perpetrator by the the victim’s heirs, only temporarily stop the execution of qisas, in which case the owner of the right to qisas has no choice but to either forgive and or to wait until the obstacle is removed and then executes qisas. Therefore, he cannot demand ransom from him without perpetrator's consent. But another group of obstacles to execution of qisas are obstacles that permanently or for an indefinite period exclude the possibility of execution of qisas, which include the death of a person or escape and lack of access to him. In this assumption, the legislator, following the opinion of some jurists, has considered the owner of the right of qisas to demand ransom even without the consent of the perpetrator; without considering the right of qisas to be void in the cases where the possibility of qisas is provided later, in the latter case, if the owner of the right has not waived his right, he can demand the execution of qisas by returning the payment. Similar to the situation where the perpetrator is arrested after the escape of a person and taking the ransom from his property. The only exception to this among the obstacles with an indefinite period is the situation in which, despite issuing a sentence for qisas, its execution requires the payment of ransom to "some of victim’s heirs", such as when some of heirs forgive the perpetrator and others demand ransom. Therefore, heirs demanding qisas will first give the share of the pardoners to perpetrator and give the share of the rest to them and then execute the qisas.Hence, in line with the articles 450 and 558 of the Islamic Penal Code, differentiation between the impermissibility of qisas and its impossibility, in any case where execution of qisas is not possible for an indefinite period, the owner of the right, while maintaining his right, is allowed it will be on demand. Therefore, if one of the conjoined twins commits an murder, even though qisas is not applicable in order to avoid harm to the other person, and the owner of the right can demand ransom, but if some time after that, If the said twins are separated, the right of qisas will still be applicable; Such a thing clearly shows the difference between the obstacles to execution and the causes of its downfall. It is not permissible to carry out qisas in the causes of qisas, and if the owner of the right harms a person after it has fallen, he has committed a crime that will be subject to qisas. Contrary to the obstacles of execution of qisas, which, despite the permissibility of execution of qisas, it is not possible to apply it, and therefore, whenever such a possibility is provided, its permissibility will remain in force. On this basis, the death of a person is one of the permanent obstacles to the implementation of qisas. In other words, only credit matters cause qisas to fall, and death is one of the real things that make qisas execution impossible.
Saeed Qomash
Volume 1, Issue 1 , October 2012, , Pages 137-158
Abstract
Studying the discussions of political philosophy, the law andanalysis of criminal laws all show that the criminalization can happengenerally depending on the principle of harm and three views ofpatriarchy, morality, and perfectionism. In perfectionism it is believethat for moral promotion and the development ...
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Studying the discussions of political philosophy, the law andanalysis of criminal laws all show that the criminalization can happengenerally depending on the principle of harm and three views ofpatriarchy, morality, and perfectionism. In perfectionism it is believethat for moral promotion and the development of spiritual perfectionof man, using punishment is necessary. Since, today, humanitariandignity is accepted as a religious and human value, using punishmentfor promotion of moral personality is inconsistent with humanitariandignity. Therefore, humanitarian dignity can be considered as theprevention of developing criminalization
Abstract
Public protection has become a key theme of much recent criminal justice legislation and policy aimed at the effective management of high-risk offenders. Harm reduction policy during more than three decades in the world to reduce the risk of abnormal behavior.Harm reduction is a health-centered approach ...
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Public protection has become a key theme of much recent criminal justice legislation and policy aimed at the effective management of high-risk offenders. Harm reduction policy during more than three decades in the world to reduce the risk of abnormal behavior.Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring that users abstain. Harm reduction is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those that promote safer substance use, to those that promote abstinence.This article by descriptive-analytical method, the first describe implementation of harm reduction policy according to successful policies ofPortugal and Canada.The secondthis research comparisonharm reduction policy between Iran and those two government.Thispaperproposes"bill ofdecriminalizing fromdrug lawandtreatment ofdrug abuse," andits amended should be put on the agenda. Firstly, policy-makers should decriminalization touseofsomelow-riskdrugs because relevant authorities canwithaction freedomto implementharm reductionpolicy, and secondly, the behavior ofalldrug users should be diversion toaccess todrug user. Thirdly,age of drug users descend thuspolicy-makers should be consideryouthinharm reduction programs.
Sayyed Ali Razavi; Sayyed Mohammad Razavi; Abdoreza Asghari
Abstract
Abstract: Conspiracy in Egyptian Legislation is divided in two parts; General conspiracy and particular. Legislator of Iran in article 610 and 611, in the law of ta,zir, Have talked specially about conspiracy. In the first one has Generalized Criminalization of conspiracy into all offence against Internal ...
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Abstract: Conspiracy in Egyptian Legislation is divided in two parts; General conspiracy and particular. Legislator of Iran in article 610 and 611, in the law of ta,zir, Have talked specially about conspiracy. In the first one has Generalized Criminalization of conspiracy into all offence against Internal and external security and in the second one has depend it into prepare of executive acts and Failure because of a cause outside the will. Unlike the Iranian legislator that has taken all conspiracy with any degree as a crime in Egyptian Legislation it embrace just Offenses and crimes. Also in particular conspiracy the Crimes are separated exactly and can't be leaded to Muharebe while in Iran's law it can be result in Muharebe in conspiracy against security and in other crimes its retribution hasn’t any fitting whit offences against security. This article, that come to end whit Analytical and comparative method, has considered The law of Iran and Egypt and Legal doctrine and Expressed Difference and similarity and pay attention to distinctions between them and recommended Iranian legislator to added some acts and promote law.
abbas mansour abadi; javad yavari; mahdi shidaeian; abbas rahimi nejad
Abstract
Judicial decision-making is the most significant element of any litigation. Such decision ranged from very early injunction final vote is influenced by various factors. These factors, in addition to the contents and facts of the case in criminal cases, deal with the defendant and victim’s personality ...
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Judicial decision-making is the most significant element of any litigation. Such decision ranged from very early injunction final vote is influenced by various factors. These factors, in addition to the contents and facts of the case in criminal cases, deal with the defendant and victim’s personality and the function of criminal justice institutions. Still, what has not been embarked on enough is the judge's mental schemata as the models of judicial decision-making which is discussed under the title of the patterns of judicial decision-making. The model, based on reality, is a design which shows the main links that exist among the main factors of a phenomenon. In lawsuits, the scheme which forms the basis of decision-making might include the law, the attitude of the judge, the judge's strategy and the judge`s personal attributes any of which is discussed as the model of decision-making. Although the law comes to view as the first the first obvious model forming the decision-making, it shall not escape our notice that it fails to clear the reason which rests behind a judge’s decision. Accordingly, subsequent researches investigated the Attitude, strategy and personality traits and proved that these factors impacted the judicial decisions.
azade sadeghi; mohammad farajiha
Abstract
Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how ...
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Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how drug markets respond to the police programs? Whether these policies decrease supplying of drugs or induce temporal, tactical, and geographical displacements in drug markets?In this study, three methods were used: a) in depth interview with 27 drug dealers b) non-participant observation of drug dealers activities in the drug market, and c) discourse analysis of formal official. The Findings suggest that dealers manage the risks in drug markets by different strategies: Changing times of selling drugs, using different techniques such as carrying small amount of drugs, changing market place, selling drugs to friends and etc. From this point of view, staying in the drug market and selling drugs challenges the effectiveness of police intervention in drug markets. Moreover, the entry of new dealers, change in type of drugs and adding impurities in the drugs make police interventions ineffective.
Mahdi Gholampour; Mohammad Farajiha
Abstract
AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access ...
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AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access to justice in this kind of case. Reversing the truth, victim defamation, the control of the state on media, and arbitrary directing of the related news to the event as well as early comments of authorities before any independent investigation are some examples of the challenges ahead of the criminal investigation of death cases in prison. The paper along with using related sources to the issue of death in custody, by analyzing the content of reports, information and news as well as discourse analyzing of officials in relation to 12 cases of death in custody/prison in Iran, analyze the investigation challenges that concern the victim’s families of death in custody. Data analyzing of 12 cases of Iran show that reversing the truths related to the surrounding condition of the death and adumbrate of the event, makes it difficult to detect the real cause of the death. On the other side, defaming the victim and smearing his/her dignity or his/her family’s, distracts the attention from the misconducts of the prison officials to the failure of the victim him/herself and induces the deservedness of their death. In the same way, lack of liberty for media in reflection of the related news of cases, and bias the dependent media to the political system that generally express the cautious attitudes of the authorities, decrease the transparency of these cases. Finally, the early comments of authorities surrounding the cause of the deaths, challenge the possibility of an independent investigation in reaching to a different result of that comment.
General and exclusive criminal law
Mohammad rasool Ahangaran; Mehrdad Saeedi
Abstract
In cases where the blood money for the killer exceeds that of the victim, and the avengers of blood demand Qisas (retaliation), attaining the right of Qisas requires restitution of the difference in Diyeh to the person being avenged. The responsibility for paying the difference in Diyeh varies depending ...
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In cases where the blood money for the killer exceeds that of the victim, and the avengers of blood demand Qisas (retaliation), attaining the right of Qisas requires restitution of the difference in Diyeh to the person being avenged. The responsibility for paying the difference in Diyeh varies depending on the circumstances. It can be the responsibility of the owner of the right of retribution (the victim or the avengers of blood), the person or persons who are not avenged against, or the avenge (one administering retaliation) and their accomplice(s). However, if the issue of complicity in an intentional crime is not raised, the payment of Diyeh is solely the responsibility of the owner of the right of retribution. For example, when a man knowingly and intentionally kills a woman, the avengers of blood must pay him half of the killer's Diyeh.Despite the jurisprudential background and legislative history of Diyeh, the Iranian legislator has not stated its specific provisions in an independent chapter in the new Islamic criminal code approved in 2013, instead allocating various provisions to scattered sections. As a result, new issues in the judicial procedure face unresolved challenges due to the lack of a definitive text. One objective and factual issue that arises in a criminal case is when a third party (not the avenger of blood), without the permission of the avengers of blood, pays the difference in the killer's Diyeh during the execution of criminal sentences in the judicial fund. In such cases, questions arise regarding the approach to be adopted and the nature of this legal action. According to Article 427 of the Islamic Penal Code approved in 2013, the nature of the payment of Diyeh by the avengers of blood is to compensate for the damage caused, create balance and equality between the killer and the victim, and it is an imperative rule, not a condition for the emergence of the right to retribution (not a favorable rule). For this reason, as soon as the crime occurs, the avenger of blood has the right to retaliation, but the retaliation depends on the payment of the difference in Diyeh. If the right of retribution were based on the payment of the difference, and the guardian retaliated without paying, he would also be retaliated against. However, according to the rule of 427, he commits ta'zeer. Legislators have remained silent about the nature of payment of the difference by a third party in the Islamic criminal Code, leading to challenges and fundamental differences of opinion among lawyers and within the judicial procedure of criminal courts. One of these challenges is whether, by paying the difference in Diyeh through a third party, there is a possibility of retaliation for the avengers of blood. Additionally, once Diyeh is paid, does the third party become a stranger without rights to it? Do the rules of debt apply, or can a third party or the avengers of blood go directly to the criminal enforcement unit for reimbursement? Does the difference in Diyeh become the property of the killer or their heirs, allowing any interference, or is it solely for the fulfillment of the killer's retaliation, refundable by the third party before the retaliation? The answer to all these challenges depends on explaining the nature and examining the legal effects of this act, specifically the third-party payment of the difference in Diyeh. The importance of this matter goes beyond the presentation of a legal theory, and adhering to one of the proposed views on the nature of the third-party payment of the difference in Diyeh can ultimately determine whether the killer faces retaliation or is released from it until another time.The present research, which is novel in its kind, after explaining the basic concepts of the research, separates the nature of the Diyeh from the difference in the Diyeh and then examines the nature of the difference in the Diyeh paid by the third party from the perspective of jurists and judicial procedure and while criticizing the views of the opponents, tries to present a theory in accordance with the foundations of Islamic jurisprudence and law and their principles and rules.
Criminology
Hamid Naderi; Mohammad Matin Parsa; Mohammad Pourmazar
Abstract
Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation ...
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Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation of a third party between two parties of a criminal case and providing a basis for dialogue and agreement in order to return the situation to normal, which of course is possible with other programs such as conferencing, circles, restitution of the victim's situation, community services, victim impact statements and community restorative boards have similarities. The dispute resolution councils, as a judicial references, which mainly steps towards reconciliation between the parties to the proceedings, despite the diversity in the implementation of dispute resolution programs, the characteristics of most of these programs are the active participation of litigants and local communities, dialogue-oriented, efforts to reach a solution to compensate the victims and the offender's responsibility. Therefore, criminal mediation programs can be a good opportunity to expand and strengthen community-oriented in the judicial system. The root of adopting a community-oriented approach to criminal issues and recognizing people's participation in solving Corresponding Author: hnaderi58@gmail.com How to Cite: Naderi, H., Matin Parsa, M., & Pourmazar, M. (2023). Analyzing the Position of Mediation in Dispute Resolution Councils with a Sociological Approach; (from Perspective of the Members of the Branches of the Tehran Councils). Journal of Criminal Law Research, 12(45), 153-192. doi: 10.22054/jclr.2024.75156.2608.Hamid NaderiResearcher of Department of Interdiciplinary Studies, Institute of Strategic Studies, Judiciary Research Institute, Tehran, Iran.Mohammad Matin ParsaPh.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran.Mohammad PourmazarMaster in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.Journal of Criminal Law Research | Vol. 12 | No. 45 | Winter 2024 | 154criminal disputes can be found in "public sociology" studies in general and "restorative justice" teachings in particular.From the substantive point of view, since crime is considered a social phenomenon and behavior against the norms of society, and the offender and the victim are members of the society, so the process of pursuing the case and responding to the offender should also be in accordance with this social context. Categories related to criminal law, such as criminalization and separation of crimes from social deviations, ordering of response methods, prevention of crime, determination of responding references, evaluation of its performance and historical developments, are not separate from the community of the place of implementation or its specific social context, and this fact can be seen in the link between the law and the social. By giving identity to the offenders, preventing them from being labeled and providing an environment of acceptable shame, criminal mediation can lead to the correction and return of the offenders to the society as quickly and better as possible and their alignment with the norms.The social approach of the judicial system is one of the meeting points of the social with the law, and it is a view of the process based on which the judicial system, especially the criminal justice system, along with the people consisting of natural persons and non-governmental organization, assume social responsibility towards the general issues related to the judiciary. This approach is based on returning to society and taking advantage of social capacities and creating a basis for the consolidation of social capital. Depending on the topics and stages, this partnership can have many manifestations, including legislation, monitoring the implementation of laws, crime prevention, crime detection and prosecution and investigation, settlement of lawsuits, determination of punishment and its implementation. If mediation in criminal matters is done independently and away from the jurisdiction of the judicial system, it can be a suitable context for realizing and strengthening the social approach of the judicial system. The main goal of the research is to analyze the criminal mediation in the dispute resolution councils of Tehran.The current research was conducted using qualitative method in the form of thematic analysis .In order to collect data, an unstructured interview tool was used. The statistical population of the current research included managers and members of Tehran Dispute Resolution Council's branches and branches located in courts which was carried out by non-probability and purposeful sampling; and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. Maxqda, the qualitative data analysis software, was used to encode and analyze the data. The interview protocol is set according to the main axes of the empirical background and by|155| Analyzing the Position of Mediation in…; Naderi et al.conducting a review of the body of knowledge related to the subject, and the operational method of the research is the content and thematic analysis. Thematic analysis is one of the methods of analyzing textual data, one of its characteristics is the use of categories adapted from theoretical models and applied to the data.The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges. The consequence of this judicialization is manifested in not taking advantage of the capacity of the local community, lack of attention to the needs of litigants, and lack of root-finding and problem-solving approach. Therefore, at present, the councils have moved away from their primary goals and their performance is very different from criminal mediation in a special sense.
Iman Mohtaram Qalaati; Jalal Aldin Ghiasi
Abstract
The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot ...
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The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.Key words: Rome statute, mental element, intent, knowledge, willing.
General and exclusive criminal law
Ali Kakoo juybari; Rajab Goldoust juybari; Mahdi Esmaeli
Abstract
VThe importance of murder is understandable not only in terms of the amount of punishment provided for it, but also due to the determination of criminal liability in this type of crime which has been controversial. Therefore, it is possible to pay attention and impose punishment on the perpetrator of ...
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VThe importance of murder is understandable not only in terms of the amount of punishment provided for it, but also due to the determination of criminal liability in this type of crime which has been controversial. Therefore, it is possible to pay attention and impose punishment on the perpetrator of a crime if he has certain conditions and characteristics; This means that for the realization of criminal responsibility, the mere occurrence of material behavior is not enough; Rather, criminal behavior must be caused by a conventional, free and self-aware emotional state, and the issue becomes more controversial when the killer's motive for committing murder is to obtain pleasure and spiritual, physical and sexual satisfaction; If this acquisition of mental, physical and sexual pleasure leads to murder, along with harassment and violence, we will face a deviant criminal type that has another mental disorder, abuse or sadism; Serial killers, who usually kill their victims by torture and offend, can be considered as examples of sadistic killers, and in Iran, these kinds of murders are referred to as Sadistic Murder, which were no separate title in criminal law and In Iran, it can be considered under the rule of retribution, or else, it will be dealt with by the rules of punishment and atonement. Furthermore, it is noteworthy that one shall not ignore the pre-sadistic or metasadistic conditions or the conditions that expose people to become a sadist. Moreover, we shall underline the effects of metasadism in many crimes, including murder, factors such as heredity, individual and social failures, domestic violence in Childhood, social environment and such factors may lead a person to become sadistic. The study of the criminal type of such perpetrators who have criminal capacity and dangerous state will be of great help in the field of causes and treatment of this phenomenon; This requires that Other killers are annoying (sadistic killers) be studied from various dimensions so that we can formulate a disciplined system of criminal responsibility for them. A sadistic killer is neither mentally healthy nor without liability. The mental illness of a sadistic killer is mainly under the category of neurosis (neuros), in such a way that the person has full connection with external realities and his perception and will is in a situation that makes him responsible for his actions in terms of psychiatry and criminal law. If his/her illness reaches the level of psychosis and the person is cut off from the real world, the defense of madness can be applied. However, there are significant differences of opinion in the definition of insanity, the separation of total mental disorder from relative mental disorder, and the reference for the diagnosis of insanity. Historical research shows that the treatment of mental criminals by human societies has not been the same since the beginning of time and the reactions have changed according to the progress of human knowledge, but today in most countries of the world, regarding people with mental disorders, differential policy - Support is adopted. These legal protections for these people have caused some people to pretend to be crazy in order to get rid of the burden of criminal responsibility, so it is very important to determine the exact criteria in this matter. Iran's criminal law has had a protective approach towards these people from the beginning until now. In the latest legal developments in Iran's criminal law, Article 149 of the Islamic Penal Code approved in 1392 tried to resolve the flaws in Article 51 of the Islamic Penal Code approved in 1370, but the approach of this law towards people with relative mental disorders such as sadistic mental disorders is not clear. Certainly, mental disorders have a wide spectrum, some of which make a person irresponsible and some make a person relatively responsible. According to the criminal law of the Islamic Republic of Iran, a sadistic murderer has never been able to use the defense of her madness or mental illness and has been sentenced to the maximum legal punishment. In the present contribution, we consider whether the sadistic killer who committed the murder had any disorder or not and whether madness be invoked if a sadistic murderer is mentally disturbed? Sadism in murder is also examined from a medical and criminal law perspective.
Abstract
The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last ...
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The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last principle, everyone is responsible only for behavior that is personally committed and no one can be taken to task for other’s behavior. However, a new category called “vicarious criminal liability " has been raised in modern criminal law which seems to contradict with the last principle. Some lawyers arguing that the issue is an exception to the principle of personal criminal responsibility have tried to defend it. The basis of this view is that they were mistaken in understanding the concept of “vicarious criminal liability “. Such mistake in conceptology has given rise to the new mistake on the scope of this type of criminal responsibility. In this article, explaining the common and erroneous interpretation of the concept, we have tried to draw the real concept and scope of this type of criminal responsibility.
Ali Afrasiabi; Abolfath Khaleghi
Volume 3, Issue 9 , January 2015, , Pages 82-98
Abstract
In the management of crime prevention knowledge, scientific sources and reports on administrative situational prevention projects are collected, organized and divided into portions. The question which is risen is why the management of situational Prevention knowledge is necessary in Iran’s police ...
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In the management of crime prevention knowledge, scientific sources and reports on administrative situational prevention projects are collected, organized and divided into portions. The question which is risen is why the management of situational Prevention knowledge is necessary in Iran’s police and how is this knowledge managed. Iran’s Police is a governmental, hierarchical and concentrated Organization. Network based and horizontal relationships are limited in such organizations, and Initiative in carrying out administrative duties is replaced by routine activities. In the absence of knowledge management mechanism, police officers are unwilling to exchange experiences. Requirement based on increasing of efficiency is another reason which doubles the necessity of knowledge management in Iran’s police. Due to the management of prevention knowledge, in the first step, police activities shall be executed in the framework of process identified in this paper. In the next step, executive branches of police force send reports on successful projects to the center of applicable studies which is in the office of prevention police in order to be investigated and displayed on the website, afterward. Collection and displaying the crime prevention studies on this website alongside reports of successful projects makes the cycle of knowledge Management. Continuation of this cycle leads to activation of knowledge in police organization.
kamran mahmoudiyan; mohammadali ardebili; mohammad ashouri; nasrin mehra
Abstract
A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that ...
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A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, France A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, FranceA new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, France
seyyed mansour mirsaeidi; mohammad javan mardi
Abstract
Paragraph 3 of Art. 49 of the Securities Market Act explains two crimes with the same punishment: "violation of legal regulations in the process of preparation of documents, registration, declaration or prospectus of offering to SEO" and the other is "violation of legal regulations subject to study or ...
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Paragraph 3 of Art. 49 of the Securities Market Act explains two crimes with the same punishment: "violation of legal regulations in the process of preparation of documents, registration, declaration or prospectus of offering to SEO" and the other is "violation of legal regulations subject to study or preparing financial statements, economic statements in regard to verification of documents and information". In this paper, the actus reus and mens rea of the second crime have been studied. "Violation of legal regulations about comment or preparation of financial report, technical or economic information and documents that could be presented to the organization" and also "violation of documents and information authentication which are presentable to SEO" are the actus reus of this crime and «the existence of legal responsibility about commenting or financial, technical or economic reporting", "the existence of employment relationship with the company" and "commenting or reporting or verification of documents and information before presenting them to the organization”, are the most important circumstances and terms concerning committing the crime. The given crime is in the category of the absolute crimes and the intention to commit and being aware, and having knowledge regarding the subject of crime (common mens rea) would suffice to realize the offence.
Bagher Shamlo; Neda Mohtashami
Volume 1, Issue 2 , January 2013, , Pages 123-158
Abstract
Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity ...
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Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity (strictness) in reaction to criminal behaviors and deviances- areconsidered two contral)' approachs in criminology and criminal policy.Description offoundations and concepts of this theory and policy and thenanalysis and reciprocal assessment of them in comparison with each otherwill reveal their positive and practical points and also their defects andabsolutism in two above mentioned fields.In addition, this precise survey, will remind the capability and necessity ofleading them to a more moderate strand and also proper profiting from thistheory and policy in an integrated criminal policy. Ultimately, this study,will introduce restorative justice-in the shape of a combination of restorativeprocesses and outcomes-as a fair and efficient measure to modify theirintemperances and so to manage crimes in its optimal fonn.
Masoud Mostafapoor; Seyed Mohamad Hoseini
Abstract
Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve ...
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Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve have proven that among the four age groups "children and adolescents", "the youth", "the middle-aged" and "the elderly", the first age group is more involved in violent crimes than the other groups. In this regard, this article seeks to consider violent crimes of children and adolescents, with a focus on the study fields of "neurological impairment", "attention deficit hyperactivity disorder" and "brain chemistry", as three branches of "neurophysiology", an issue that in contemporary criminology known as "Neuro criminology". Although biological criminologists disagree about the ways of communication between neural disorders with violent crimes of children and adolescents, most of them believe that amount of the impact of each the above three fields is completely "relative" and true in interaction with the psychological and social factors.
azam mahdavipor; najmeh shahrani karani
Volume 3, Issue 10 , April 2015, , Pages 129-156
Abstract
Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation ...
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Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation of offender with judicial as informant. This method, in one hand, guarantees security and it will insert economic offenders in unsafe situation in the other hand. Encouraging these people, who have more information about criminal action than anybody else, is important. UN convention on corruption recognized the important role of such people in the fight against crimes and provided certain rules such as article37, under cooperation with law enforcement authorities about this subject. This paper deals with the role of informants in Criminal Procedure of Economic Crime.
Hamid reza Zojaji; Mahmood Malmir
Abstract
In the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ...
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In the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ceased to this subject that those institutions are not the example of Shari’ah-based Ta’azirat. However, the legislator has not provided any definition of Shari’ah-based Ta’azirat, and it is the responsibility of the prosecutor to determine its recognition and understanding of its implications. This has led to numerous and conflicting procedures in the courts. Therefore, the recognition of the basics and the examination each legal its examples and comparison with nonShari’ah-based Ta’azirat requires the necessity of this research. Based on The result of the research, the definition of the Shari’ah-based Ta’azirat is those guilty and forbidden conduct that have been determined Ta’azir in the correct and valid narratives. That is, the type of punishment is also specified, but its size and precision are not stated and are left to the judge. The examples of the Shari’ah-based Ta’azirat in the Islamic Penal Code are based on narrations and this limitation merely refers to these legal examples.
