Code of Criminal Procedure
Anahita Seifi; jabrail nozohour
Abstract
Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals ...
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Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.
arin ghasemi
Abstract
Political crime, regardless of common meaning of crimes against the state which has been discussed more in the legal system of Iran, includes another class of crimes which is committed by the state and agencies against the citizens’ fundamental rights. Such class, by ethical evaluation, shall be ...
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Political crime, regardless of common meaning of crimes against the state which has been discussed more in the legal system of Iran, includes another class of crimes which is committed by the state and agencies against the citizens’ fundamental rights. Such class, by ethical evaluation, shall be called the negative political crime. Criminalization of a deed as a political criminal, based on article 168 of the Constitution, causes the public trial to be held at the presence of jury. Such a significant issue leads to the judgement of public opinions regarding the process of trial and prevents its failure. Moreover, it causes the public awareness about the violation of fundamental rights which might be committed by the political streams which are in the state institutions. Hence, citizens will be able to make more accurate decision about their political rights and the right of self-determination considering the political streams.
Abstract
The omission of the crime has always been one of the issues disputed in legal literature. Legislator in Article 295 of the Penal Code in 1392 allows crime by omission accepted and the conditions for the realization of this type of criminal behavior considered; But what has been said in this article about ...
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The omission of the crime has always been one of the issues disputed in legal literature. Legislator in Article 295 of the Penal Code in 1392 allows crime by omission accepted and the conditions for the realization of this type of criminal behavior considered; But what has been said in this article about the omission is subject to leave and not absolute act of omission; In no event will the liability would leave it to the apex of the result will not be because the omission of occurrence of loss, only the 'condition' and the behavior of the results will not be about citation. In addition, it seems that the provisions of Article 295 are incompatible with the law and logical in some ways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ..
Hussein gholami; davood khaksar
Abstract
The new perspectives of criminology,penology and criminal sociology, which are based in part on the reformation and treatment of criminals and their social rehabilitation, have affected the criminal law, which has led to stinging the punitive rights and Proof of inefficiency of some types of punishment, ...
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The new perspectives of criminology,penology and criminal sociology, which are based in part on the reformation and treatment of criminals and their social rehabilitation, have affected the criminal law, which has led to stinging the punitive rights and Proof of inefficiency of some types of punishment, including imprisonment. The process of modifying punishable thoughts and reforming the prison system's structure and the use of alternative prisoners are on the agenda, and the Iranian legislator has been devoted about 5% of the articles of (1392) penal code to such punishments. However, it should be determined what factors lead to the use or non-use of punishments? What challenges do judges face to face with the use of these corrective and therapeutic tools? Answering these questions was done by analyzing court verdicts, which was conducted in this research using SPSS analytical software. As a result of this study, it can be said that some types of alternative prison sentences, including daily cash penalty and general utility services, are ineffective, and some variables, including the type of crime, the type of punishment, the criminal record of the accused work, are influential on the type and amount of sentences of imprisonment by judges.
Hussein Gholami
Volume 1, Issue 2 , January 2013, , Pages 41-65
Abstract
Defining the scope of criminal law and legitimated level ofintervention through criminal law over the rights and freedom ofcitizens as the most serious kind of such intervention, is a complicatedand difficult matter. The principle of criminal law as the last and theleast resort as a basic principle of ...
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Defining the scope of criminal law and legitimated level ofintervention through criminal law over the rights and freedom ofcitizens as the most serious kind of such intervention, is a complicatedand difficult matter. The principle of criminal law as the last and theleast resort as a basic principle of this knowledge, technique andinstrument of social control, as emphasizes upon the destructiveresults of abuse of penal concepts, instruments and institutions, tries todetennine the appropriate level of intervention through criminal lawand provide the possibility of usage for other kinds of social controlinstruments and institutions. This article, as emphasizes upon thenecessity of considering this principle in more details, will discuss theconcepts, basics and implications of this principle for penal policy(criminalization and penalization).
Abstract
In the recent decades, Iran has been faced with this challenge too. The research question is that, by using of systemic formwork, what are the important approaches related to crimes pre-emption in Iran? The important crimes pre-emptive approaches consist of: boost of communicative and information approach ...
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In the recent decades, Iran has been faced with this challenge too. The research question is that, by using of systemic formwork, what are the important approaches related to crimes pre-emption in Iran? The important crimes pre-emptive approaches consist of: boost of communicative and information approach between judicial system and society, civil associations, elites and citizens, boost of civil and informal control frameworks, serious using of socio-cultural control frameworks and new-institutional capability- building in judicial system as well as a serious willing to crime pre-emption and law sovereignty. The final conclusion of research is that, in spite of legal frameworks and new institutional capability building, yet the judicial system has not been complete successfulness in pre-emption of crimes. Earning of this aim entails using of mentioned communicative-systemic approaches and security and economics ones that needed another researches. This study has been conducted with analytic- theoric method and functional approach by using of systemic theory and model in pre-emption of crime.
mohamadali haji deh abadi; mohamadebrahim shamse nateri; samira gol khandan
Abstract
The crimes committed against humanity are amongst the clear violations of criminal international law and are extra ordinary forms of collective violence which have escaped the notice of criminologists for a long time, since the prosecution, trail and punishment of those committing these crimes did not ...
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The crimes committed against humanity are amongst the clear violations of criminal international law and are extra ordinary forms of collective violence which have escaped the notice of criminologists for a long time, since the prosecution, trail and punishment of those committing these crimes did not prevent them from perpetrating crimes. Studying the criminological nature of these crimes could be a good help for international criminal justice to fight against them knowingly and to achieve an effective international criminal policy to prevent them. A criminological approach to do so is the study of psychological state of those perpetrating these crimes. The present article aims to attain such a goal. The criminological findings indicate that those committing these crimes are common people. The us-them thinking and justifications of perpetrators to overcome cognitive dissonance and their natural inhibitions to deceive themselves have an effective role in realization of given crimes. Dehumanization of victims, scapegoating of victims and deserving them to be punished, resorting to the amnesty and forgiveness world views are amongst those justifications to be dealt with herein
Abdolreza Javanjafari; Sadegh Safari
Volume 3, Issue 9 , January 2015, , Pages 57-81
Abstract
In recent years, the different fields of sports, especially the soccer, have stepped away from the real purpose of doing sport including keeping healthy body and having fun; instead, it has turned into violence and far-reaching conflicts. History of soccer is full of aggressive and sorrowful scenes which ...
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In recent years, the different fields of sports, especially the soccer, have stepped away from the real purpose of doing sport including keeping healthy body and having fun; instead, it has turned into violence and far-reaching conflicts. History of soccer is full of aggressive and sorrowful scenes which are less than consistent with the goals and functions of this field of sport. In this regard, available statistics considering the incidence of this abnormal phenomenon in soccer indicate that criminal law has confronted with some challenges which deprived it of using its all power and tools to fight against violence in sport. It has been attempted in this article to differentiate the legal and illegal violence and state each characteristics while it has been also tried to clarify the obstacles and problems of criminal law in fighting against athletes’ violence in soccer.
Jafar Yazdian Jafari
Abstract
In this article I embark on the contrast between individual and national
security in crimes against security. Crimes against the state can be divided
into crimes against existence of state and authority of state. In these crimes
the first victim is the state itself. Crimes against the security are ...
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In this article I embark on the contrast between individual and national
security in crimes against security. Crimes against the state can be divided
into crimes against existence of state and authority of state. In these crimes
the first victim is the state itself. Crimes against the security are located in
the first category. In these crimes accused rights probably are violated by
the state because the state cannot remain neutral. In this regard, firstly I
discuss on the principals of criminal law about crimes against security and
then its legality. Some scholars believe that public interest is a good pretext
to violate the given rights but other scholars firmly assert that no pretext is
welcomed. This research shows that the present criminal regulation of Iran
followed the first approach which has progressed after the revolution
(1979).
ahmad mottazi; amir amiran bakhshayesh
Abstract
Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in fall ...
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Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in fall Of punishment Subject. Decriminalize indicate this fact That to reduce the harmful effects of punishment or decrease severely of punishment and or Otherwise be justified punishment The second mode is where after the crime be removed generally punishmen of the crime. in `removing of condemnation` what is considered, The removal of the accused and suspects from investigation process and acquitted the accused and fix conviction of his. Dar rule, in some cases, removed certain punishment while apply another penalty and in some cases, totally `removing of condemnation`. `. Legislative approach to such that extended also Dar rule to non- Hodud and this approach is in accordance with Dar absolute evidence rule because characterized according to the Qur'an and hadith evidence, The term "Had" In the documentary base, can not be only mean certain punishment and includes absolute punishment. Qisas crimes,
Hojjat Salimi Turkaman
Volume 1, Issue 1 , October 2012, , Pages 61-96
Abstract
Nowadays, various subjects of international law, includingcriminalization of use of nuclear weapons, can be studied from twodifferent aspects. In the classic paradigm of international law based onWestphalian order and sovereignty–oriented approach and in light ofinternational court of justice(ICJ) ...
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Nowadays, various subjects of international law, includingcriminalization of use of nuclear weapons, can be studied from twodifferent aspects. In the classic paradigm of international law based onWestphalian order and sovereignty–oriented approach and in light ofinternational court of justice(ICJ) findings, mere employment ofnuclear weapons is not forbidden and nor is considered as aninternational crime. However it can be claimed that new paradigm iscoming up in international law. In This new paradigm based onhuman values, sovereignty can’t prevent emergence of a rule onbenefit of human rights crucially. Although survey of some subjectsfrom this aspect could lead to unacceptable result in comparison withthe last paradigm, it is the fact that everyone has to believe it late orsoon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogensand public order and contains three forming elements of internationalcrimes. Then, in contrast to the classic paradigm of international law,use of nuclear weapons can be considered as an international crime inthe new emerging paradigm.
Muhammad Farajiha; Jamshid Gholamlou
Volume 3, Issue 8 , October 2014, , Pages 63-86
Abstract
Wrongful conviction of the innocent is a type of miscarriage of justice. Thus, the perspective that believes these two concepts are equivalent is false. Innocence can be actual or legal. The actual innocent is who does not commit the crime. The legal innocent is who commit a crime but his/her conviction ...
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Wrongful conviction of the innocent is a type of miscarriage of justice. Thus, the perspective that believes these two concepts are equivalent is false. Innocence can be actual or legal. The actual innocent is who does not commit the crime. The legal innocent is who commit a crime but his/her conviction was achieved through a violation of due process/fair trial. Despite some advantages of this division, it is somewhat misleading. Because, in practice, in many cases legal and actual innocence overlap each other. For example, researchers who provide this division, include insufficient evidence as a procedural error, not substantive. While, normally, an accused be wrongly convicted when there is no enough evidences. Actually, the criminal justice system ignores presumption of innocence. Despite disagreements, most researchers have applied actual concept of innocent and objective criteria in determining innocence in their studies.
ali afrasiabi; adel sarikhani
Volume 3, Issue 11 , June 2015, , Pages 63-83
Abstract
According European Court of Human rights interpretation on section 6 of European convention of fundamental rights, “penal realm” interred legal texts. In light of this legal institution, hearing process of offences naturally have penal sanctions must be done in observance of fair trial requirements. ...
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According European Court of Human rights interpretation on section 6 of European convention of fundamental rights, “penal realm” interred legal texts. In light of this legal institution, hearing process of offences naturally have penal sanctions must be done in observance of fair trial requirements. This paper attempt to answer two questions: which Police disciplinary offenses can inter penal realm? Is process of hearings in semi judicial commissions in police Organization accord whit fair trial requirements? This Research firstly considers penal realm criteria and kinds of disciplinary sanctions in Police organization to identify which sanctions included in penal realm. After identifying offenses included in penal realm, the Paper considers hearing process of Police disciplinary commissions to answer second question and identify defects current in provisions and practices. In next game through identifying conditions of current situation, the Paper gives resolution to achieve good situation. Paper findings identify 10 disciplinary offences can be categorized in penal realm and hearing process of these offences must be done with consideration of fair trial requirements. In current provisions and practices, impartiality of hearing entity and defensive right of suspect extremely violated. In order to achieve good model, that is necessary amendment of provisions and executive practices to enhance defensive rights and create impartial hearing entity for proceeding offenses that police staffs suspect commit them.
Gholamreza Gholipour; Nasrin Mehra
Abstract
Abstract The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constitution ...
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Abstract The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constitution approach to fair trial, as a first constitution of Iran. The main question is that the drafters of this Act, what approach have to fair trial? This paper shows that drafters of Mashruteh Constitution and its complement (Motammem) dealt with “judicial security” and therefore recognized and constitutionalized a set of principles of fair trial such as legality, judiciality, privacy, judicial independence, access to justice, prohibition of unlawful arrest, etc. However, some other important principles such as presumption of innocence, access to a lawyer, prohibition of torture and etc were neglected. As a result, it can be concluded that the Mashruteh Constitution constitutionalized an incomplete version of fair trial.
Gholamhasan Kooshki
Volume 2, Issue 4 , November 2013, , Pages 65-86
Abstract
Nowadays, the participation of non-governmental organizations are considered as a one of a good elements of the governance from the economic, social and cultural points of view. The mentioned participation in legal system can play a prominent role in the efficiency and public confidence. The new criminal ...
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Nowadays, the participation of non-governmental organizations are considered as a one of a good elements of the governance from the economic, social and cultural points of view. The mentioned participation in legal system can play a prominent role in the efficiency and public confidence. The new criminal procedure law aiming at operationalizing the above objectives, has officially recognized the Pursuing the Public Action in a special category of crimes by these organizations. Although the position of these organizations has been cited in the text of law as a “crime reporter”, extensive authorities such as presenting an evidence and protesting to an award which was made have been granted to them. In fact, the law -due to discretionary spending in this arearefused to name them as a “plaintiff ". Probably, due to the predicted authority, the law considered an "intermediate" role between plaintiff and crime reporter. In some cases in which a crime has a specific victim, the consent of victim or his/her legal guardian is necessary and required. The matter which has been neglected in the law is the mechanism of supervision for the activities of these organizations. I hope it becomes possible to clarify the failures of this law by its implementation and then take the better step under the light of the experiences.
mehdi sabori pour
Volume 3, Issue 10 , April 2015, , Pages 65-87
Abstract
One of the main factors affecting criminal culpability is mens rea and one important element of mens rea is knowledge of law. But this important factor is not exhaustively analyzed in the literature. Three kinds of ignorance of law have been analyzed in this article; one of them is direct ...
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One of the main factors affecting criminal culpability is mens rea and one important element of mens rea is knowledge of law. But this important factor is not exhaustively analyzed in the literature. Three kinds of ignorance of law have been analyzed in this article; one of them is direct mistake of law and two others are indirect mistake of law (or mistake of different law). Indirect mistake of law can be divided into two kinds: First, ignorance of different non-criminal law. In this kind of ignorance, perpetrator is not aware of a civil, tax, custom, marital or other kinds of non-criminal law. This kind of ignorance is an excusing factor. Second, ignorance of different criminal law. This kind of ignorance is not an excuse but can act as a mitigating factor. There is a third type of ignorance, which is exclusive to Iranian criminal law, which is about a canon law. None of these three kinds of ignorance have clear regulations in Islamic Penal Code and Legislature needs to enact related laws.
Abstract
The growth of information technology, use of internet and social communications by computer- oriented process cause to increasing using of social networks. So, the use of these networks has become a part of life style. Joining to social networks and communicate with people thorough cyber communications ...
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The growth of information technology, use of internet and social communications by computer- oriented process cause to increasing using of social networks. So, the use of these networks has become a part of life style. Joining to social networks and communicate with people thorough cyber communications can share the knowledge and professions. However, one of the most important effects of social networks is sexual victimization of women. Findings of this research shows that one of the most important types of women victimization is sexual victimization. So, this research analyses the is sexual victimization of women in Tango and evaluates the preventive measures. According to findings, general profile, not attention to privacy by users, finding users from several ways, not supervising in sending pictures and videos by Tango and loss of good mechanism to find offenders has increased the capacity of Tango in sexual victimization of women... . . . .
ali mohamadian
Abstract
One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred ...
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One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred but they have disagreement on the occurrence of crime toward the third party. Most of past Islamic jurists held that Qazf has been proven but recent Islamic jurists believe the other way and failed to accept this idea .The Islamic Penal Code adopted in 1392 is in the same line with the latter group. On the strength of art. 249 stipulates that if one attribute sex to another one by saying you have had sex with a women or a man, only the person who has been accused has the right to claim at the court .This text with a descriptive and analytical charecter and with the library method follows the arguments of these two groups and criticizes and investigates them. The results show that reasons of recent group is not complete, and the verity of customary of given terms in Qazf proves the validity of former group’s perspective.
hamid mohamadi
Abstract
The criminal responsibility will not be realized, unless under two circumstances: 1- having resolution power 2- having free will. Lacking one of these two circumstances is considered as a barrier for the criminal responsibility. Therefore, the resolution power and free will are two basic conditions of ...
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The criminal responsibility will not be realized, unless under two circumstances: 1- having resolution power 2- having free will. Lacking one of these two circumstances is considered as a barrier for the criminal responsibility. Therefore, the resolution power and free will are two basic conditions of the criminal responsibility. In Iranian criminal system, the criminal responsibility would be realized when a crime is committed the guilty is wise, mature and with full discretionary power. In Egyptian criminal system, it is presumed that punishment is personal. The Egyptian criminal system approved the criminal responsibility from other's action in 1945 and executed it. There is no clear definition and its scope isn't restricted. The criminal responsibility resulting from other's action is fully limited to the text of law in Iranian criminal system. The judicial process is practically unable to detect and create it. In addition to ensuring the public interests, the criminal responsibility resulting from other's action is both preventive and inhibitor. It also plays a constructive role in economy and protecting workers' right and capitalists. Based on what said, if it considered outside the law, it may cause harmful effects. Keywords: criminal responsibility, others' action, criminal system, criterion, Iran, Egypt
Soodabeh Rezvani; Azam Mahdavipoor; Erfan Khorrami Eraghi
Abstract
Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes ...
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Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes stopping the execution of the penalty or commutation of sentence. in islamic penal code ratified in 2013,this mechanism is set out in article 120 and 121 but there is no defintion for suspicion and only adresses its examples. after conceptual analysis of the suspicion mode, the basic issue of the writer`s perspective is: which of the effects of suspicion should be applied and what strategies should take in this mode that in addition to accordance with the Shari'a doctrines, ultimately, the damage caused by the functional imbalance in the judical system is reduced. after analyzing the functions in different situations, the result of this research is the recognition of direct interaction between suspicion and functional requirements, such as the princople of individual punishment and targeted attitude toward punishments.
Code of Criminal Procedure
Hadi Rostami
Abstract
The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social ...
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The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social chaos, which is caused by the protests of a number of citizens against some policies. One of the most important factors of inception of such movement is the expansion of criminal law and maximum interference in people's freedoms and maintenance of political ideology. The Gap between the official norms and accepted values by citizens and insistence of the government to retain the norms via criminal protection of them gradually leads to social crises and civil disobedience. Conservatism, retrogression, standing against social and cultural changes, maintaining the status quo, refraining from fundamental reforms in political and social structures, have no result other than "crisis" and inevitably puts the citizens or a large part of them against the government. One simple solution to quell crisis is to declare the state of emergency and expand powers of the security forces and judicial authorities to arrest, prosecute and adjudicate the cases of protestors rapidly and secretly. The networks of control and supervision on citizens and the power and freedom of action of the police in this situation will be expanded and the logic of confrontation and repression are applied at high level. Due to the crowding of criminal cases in the judicial system as a result of these policies the rules of proceedings and some defense rights are ignored, including the right to have lawyer or the right to public trial, and prompt measures are taken into account due to the government's need to deal quickly and decisively. In such circumstances the guiding principles, especially the presumption and the principle of neutrality, and the government justifies its actions by claiming to maintain order and security of citizens. Summoning and arresting political dissidents without complying with legal frameworks and creating restrictions in cyberspace through filtering social networks and preventing the free flow of information are part of the strategies to deal with the crisis. When the political and social conditions are in an emergency, the fair criminal procedure inevitably collapses, and "extraordinary criminal procedure" prevails, which does not pay attention to the conventional and well-known rules of procedure and is often the product of the will of the political authorities and are dictated in the form of "judicial circulars". Thus, circulars have priority over the law. In this approach, the presumption of guilt is used instead of the principle of innocence, and the accused is treated as a criminal or a convict.The collapse of fair procedures is caused by factors that are mainly related to public strategies and macro policies. Incorrect policies or making wrong decisions regarding some social events and phenomena, legislation without paying attention to the basic needs of the people and ignorance of the political dissidents inevitably aggregate protests and social uprisings. Criminal policies based on arbitrary and baseless criminalization and merely based upon defending and protecting ideology, expanding criminal laws and maximum interference in people's freedoms, as well as the lack of transparency in statutes have unpleasant consequences in long term, and provide confrontation between citizens and policy makers.The substantive and procedural rules on security in the Iranian criminal law indicate that criminal policy makers have ignored some fundamental rights such as the right to choose a lawyer. In addition, following the expansion of the jurisdiction of special courts, which sometimes originates from circular, as well as the increase of the powers of judicial authorities and military forces, they have provided a legal basis for threatening the rights of individuals and the collapse of fair procedures. Holding secret and non-public trails and preventing the communication of court’s decisions are part of these challenges. Adjusting the criminalization and decriminalization of acts that are contrary to the values of citizens or a significant part of them, reforming public policies and avoiding criminal actions that create tension, and saving the criminal justice system from criminal inflation, and most importantly, paying attention to the phenomenon of "generational change" and normative gaps and ideology might be some solutions to prevent the collapse of fair criminal procedure. The Recognition of protests, changing policies and decriminalizing behaviors that have only an ideological aspect, removal of rights-threatening processes, accountability and prescribing discourse instead of criminal threats can prevent the criminal process from collapse.
Behzad Razavi fard
Volume 2, Issue 6 , April 2014, , Pages 69-89
Abstract
International crimes such as genocide, crimes against humanity and etc. bring severe effects and disastrous consequences. Subsequently, these are also to the same degree reprehensible, and criminal reaction of states in the form of universal jurisdiction and also responses of the international community ...
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International crimes such as genocide, crimes against humanity and etc. bring severe effects and disastrous consequences. Subsequently, these are also to the same degree reprehensible, and criminal reaction of states in the form of universal jurisdiction and also responses of the international community in the form of international court with severe punishments are done. Hence, to deal with the question that whether it is possible to exacerbate the punishment of such crimes again in case of the aggravating circumstances or not, we are faced with some uncertainty. Although in terms of philosophy of punish and imposing the penalty, existence of these circumstances for these crimes are imaginable, these circumstances as well as criteria and the resulted intensification of these crimes have received little attention in the context of customary international law and international criminal law. Statute of the Ad hoc international criminal tribunals such as Nuremberg, Former Yugoslavia and Rwanda have no stipulation about these circumstances; however, jurisprudence of two latter tribunals as well as procedure and evidence of ICC discussed this topic relatively but not comprehensively. But still, this question and its criteria and instances, certainly will be one of the most important concerns of ICC jurisprudence in the future. In the meantime, some recognizable of these aggravating circumstances include: extent of brutality and violence in the act committed by international criminals, the social status of criminals, mental state and behavior of criminals after the crime.
Hasanali Moazenzadegan; Elham Soleyman Dehkordi; Mahshid Youshi
Abstract
The reliability of electronic evidence means the authenticity of electronic
data in court and playing a role in the judgments. In order to have the same
demonstrative function as traditional evidence, electronic evidence must
meet two main requirements: authentication, originality and nonrepudiation.
It ...
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The reliability of electronic evidence means the authenticity of electronic
data in court and playing a role in the judgments. In order to have the same
demonstrative function as traditional evidence, electronic evidence must
meet two main requirements: authentication, originality and nonrepudiation.
It is essential to keep data suitably in the seized phase to
achieve these requirements. The secure strategies for protection of the data
have been mentioned in clause (T), article 2 of the Electronic Commercial
Act and also article 40 of Cybercrimes Act, of which the most important is
biometric and encryption. The biometric technology receives and processes
the individuals’ data and allows to achieve the data only to whom his/her
data have been processed; hence, no one else can access the data. Also in
encryption, the data are protected by shuffling in a way that it can switch
such statement with only one confidential key and it remains illegible to a
person who does not access these data. In this way, the data are protected
from alternation and falsification and can be cited in such a secure way.
zahra arhadi alashti; abdoreza javan jafari bojnordi
Abstract
Situational crime prevention techniques are considered as fundamental
elements of the cyber security and protection of likely targets from possible
criminal attacks. The technological nature of some measures are such that
can violate a vast number of fundamental rights, including the free flow of
information, ...
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Situational crime prevention techniques are considered as fundamental
elements of the cyber security and protection of likely targets from possible
criminal attacks. The technological nature of some measures are such that
can violate a vast number of fundamental rights, including the free flow of
information, and can prevent users from receiving, seeking, and imparting
intended contents. International human rights obligations of governments
prevent them from the maximum application of preventive measures.
However, the security for the sake of public order is accepted to the extent
that human dignity can still be guaranteed in areas where possible crimes of
this nature may be committed; the whole context should not be determined
by security considerations any more than is absolutely necessary. Hence, the
application of situational prevention measures is logical and supported to the
extent where everyone is some how extent responsible for crime prevention,
and users are not deprived of a legitimate right of access to the World Wide
Web when the goal is a reduction of potential opportunities for crime. In this
article, we evaluate the violation of the right to the free flow of information
through the most common measures used to limit or deny access, taking into
account on the one hand the fact that extensive application of these measures
could also limit the spread of creative ideas of network users while, on the
other hand it can safeguard against political and social despotisms.
masood bassami
Abstract
Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and ...
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Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and generates the rule of “plurality of result” because there is a similarity between this two juridical foundations. Therefore, it is imperative to carry out a study of the conditions for the realization of the immaterial plurality. The question of this research is what are the conditions for the realization of immaterial plurality and what is the point of differentiation and sharing with similar titles? The results of this study indicate that the conditions for the realization of the immaterial plurality are numerous; one of the most important of these is committing a unit behavior and violating more than one article of the Criminal law. Also, the most important aspect of differentiation of the immaterial plurality of the plurality of result is that, in the plurality of result from the unit behavior, various results are obtained, but in the immaterial plurality of the unit behavior, the unit result is obtained.
