Roohollah Rahami; Fatemeh Mohseni Jeihani
Abstract
AbstractMany codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in ...
Read More
AbstractMany codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in individual liberties. These scholars by developing freedom restricting principles have advocated a kind of minimalist criminalization in the sphere of public morality. Moreover, the international human rights law system, in an effort to balance cultural diversity and universal values, has endorsed public morality as one of the permissible restrictions on unrestricted civil-political liberties. In fact, following developments in the performance of governments in the field of public morality, the international human rights system, by providing a progressive interpretation of the principles governing criminalization, reject the legal moralism has attempted to defend a kind of rights-oriented criminalization that protects the rights and freedoms of vulnerable people.
Zahra Amini; h k
Abstract
From witness remembered as the eyes and ears of the criminal justice system,participation of witness makes it possible to discover the crime and ultimately bring security to the community.Therefore,the adoption of protectionist policies could be considered as a ground for the active participation of ...
Read More
From witness remembered as the eyes and ears of the criminal justice system,participation of witness makes it possible to discover the crime and ultimately bring security to the community.Therefore,the adoption of protectionist policies could be considered as a ground for the active participation of witnesses in the criminal process.Hence,in English law,document has been allocated in order to the appropriate rules of conduct for witnesses with the general rules called the witness charter.in this document,more clearly than the Code of Criminal Procedure1392and the Code of Practice for the Protection of witnesses and Informants1394,In the first step,in order to protect the physical and material integrity of the witnesses,the rules for training,the assignment of special officers and the compensation of all damage inflicted on witnesses is foreseen.On the other hand,in both systems,the rules and standards of conduct has been allocated aimed at protecting the spiritual integrity of the witness and rewarding his position in the criminal process,as well as providing advisory services and timely information and a fair and just treatment with the witness.In addition,in the UK legal system,there is a differential and specific support in the witnessing of violent and organized crimes. Assigning effective enforcements to the Good The flow of support
Criminal law and criminology
Siamak Jafarzadeh; Reza Nikkhah sarnaghi; Hamid Alizadeh
Abstract
The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and ...
Read More
The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and addressing the growing number of individuals in the criminal population. These factors have given rise to the de-incarceration movement, which has gained strength in response to the disadvantages of imprisonment; mainly its effects after individuals are released from prison. Thus, the use of alternatives to imprisonment has been embraced in the Islamic Criminal Law approved in 2013, where its scope, types, and formal rules were outlined in the Criminal Procedure Law of the same year. Subsequently, sub-legislative measures were formulated and communicated to the judicial authorities to implement this punishment.Nevertheless, the success of the de-incarceration movement in reducing the number of incarcerated individuals and addressing issues such as the severity of punishment has been a significant obstacle to the release of prisoners. In response to this problem, the de-incarceration movement approved the law on reducing prison sentences in 2020. Since enacting such substantive laws can have a crucial impact on issues raised in criminal proceedings, the effect of their approval in the judicial process cannot be ignored.This article has been written descriptively to study the significant changes this law has brought to the preliminary investigation process. The effectiveness of this law in achieving criminal security orders for the accused, in line with the principle of proportionality and the principle of criminal law as the last and least resort, remains ambiguous. In this regard, the question arises as to whether the principle of criminal law as the last and least resort should be incorporated in obtaining the order of criminal security or not. Furthermore, considering the development of forgivable crimes, which indicates a move towards the privatization of criminal justice, the issue arises as follows: According to Article 106 of the Islamic Penal Code, in the case of forgivable crimes, the victim has the right to file a complaint within one year from the date of crime notification. Therefore, after one year, the victim's right will expire. Given the wide range of crimes categorized as forgivable crimes in the law on reducing the punishment of imprisonment, in a situation where the victim has not yet filed a complaint due to the crime being non-forgivable, the question arises as to whether the judge should issue a suspension of prosecution according to Article 11 of the Islamic Criminal Law or consider the plaintiff's acquired rights and allow the continuation of the prosecution process.Determining the jurisdiction of judicial authorities or institutes is another challenge this law presents. For instance, in cases of criminal damage, the property's value plays a role in determining the authorities' jurisdiction. This means that when the property damage is up to ten million Rials, according to Article 9 of the Conflict Resolution Counsel Act, it falls within the jurisdiction of the Council. If the damage exceeds ten million Rials but is less than twenty million Rials, it directly falls under the jurisdiction of the Criminal Court. If the damage is less than 100 million Rials, the prosecutor's office has the authority over the preliminary investigation. Therefore, the absence of an authority to accurately determine the extent of the damage causes delays in proceedings and creates uncertainty for the judicial authorities. To prevent divergent judicial opinions and adhere to the principle of the generality of criminal procedure, as specified in Article 2 of the Criminal Procedure Law, it seems necessary to issue unanimous opinions regarding the challenges above. This will end these judicial disputes and establish a unified procedure within the judicial authorities. Consequently, when approving substantive regulations, their effectiveness should be evaluated compared to formal regulations to prevent the division of judicial opinions.
Code of Criminal Procedure
Gholam Hassan Kooshki; Rohollah zandi
Abstract
The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages ...
Read More
The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages of deprivation of liberty and the failure of the prison system in rehabilitating criminals, penal systems, under the influence of criminological teachings and criminological findings such as the increase in recidivism and the crime-causing nature of prisons, are more and more limited in terms of punishment. They have become anti-freedom. On the other hand, the bad effects of this punishment were noticed by criminologists, and today, although many efforts have been made to improve the condition of the prison, the reformation and treatment of criminals, which was considered one of the main goals of this punishment, doubts still prevail. It became serious, and experience showed that, with the help of recidivism statistics, repeated professional crimes are more often committed by those who have had a history of prison. In this way, imprisonment is not only ineffective in rehabilitating and reforming criminals, but also harming the country's economy.By approving the law on mitigating penal punishment, the legislator implemented the policy of de-imprisonment through the development of erfaq institutions, reducing the amount of imprisonment and increasing the range of forgivable crimes. Although the mentioned law is useful in mitigating the prison sentence, it has caused wide challenges and created gaps in the legal system and judicial procedure. The challenges related to the relative impossibility of fraud and theft crimes due to their amounts are one of the factors that have caused changes in the process of criminal prosecution. In the discussion of the initiation of prosecution and actions of the bailiffs in this field, despite the many differences between the jurists, it seems that the principle is that these crimes are unforgivable and the criminal prosecution by the bailiffs is based on the assumption of committing the above crimes.In the matter of determining the appropriate order, the judicial authority should determine the monetary penalty for the issuance of the security order, regardless of whether the crimes are forgivable and based on the initial estimate, and after referring to the expert, he can determine the necessary amount. On the other hand, the most important challenge that has caused a strong difference in the judicial procedure is the issue of the number of crimes that can be forgiven and the appropriate criteria for determining the crimes that can be considered forgivable. It should be such that it justifies the application of the aggregate criterion, despite such a criterion, there is still a wide difference of opinion among the judicial authorities, and it is better to determine the task through a unanimous vote on the above issue. Among the other loopholes governing the law on reducing the punishment of imprisonment are related to the calendar of non-calendarable property, obtaining biometric records and interpreting the concept of the absence of a victim in fraud-related crimes, which should be addressed by the legislator. In addition to the above challenges, which mainly covered issues and cases related to formal matters, some challenges also governed substantive issues and cases. The results indicate that the formal challenges in this field are mainly related to the stage of starting criminal prosecution by the officers and the preliminary investigation stage that oversees the issue of paying expert fees and issuing orders to secure and calendar non-calendarable property and obtaining biometric records. Also, the substantive challenges are related to the criterion of considering the crimes as forgivable in the assumption of multiple crimes, determining the monetary punishment in the assumption of multiple and the resistance of the judges to the given law. In this talk, it has been tried to explain each of the above challenges and then solve them with a descriptive-analytical method.
Code of Criminal Procedure
Morteza Rasteh; Nasrin Mehra; Amir Ghofrankhah
Abstract
Protection of witnesses and victims is one of the most important issues related to criminal proceedings, which has been emphasized in global and regional documents and has come to the fore through human rights judicial authorities. Lack of proper support for the witness or the victim may impair the correct ...
Read More
Protection of witnesses and victims is one of the most important issues related to criminal proceedings, which has been emphasized in global and regional documents and has come to the fore through human rights judicial authorities. Lack of proper support for the witness or the victim may impair the correct execution of justice; Because the courts will have no choice but to close the case or acquit the accused if the necessary documents are not collected. In the meantime, the judicial authorities are required to consider and protect the defense rights of the accused. Therefore, neither the interests of witnesses and victims nor the rights of the accused can be considered as an absolute principle; But in any situation there is room for mutual interests to be balanced. Therefore, creating this balance as well as adopting correct and path-breaking measures in this regard is one of the challenging issues in criminal proceedings that must be taken into consideration by the criminal justice system. One of the most important measures that may be taken to create this balance and according to the interests of justice is to limit the publicity of all or part of the proceedings. However, due to the fact that publicity of the hearing has been emphasized in human rights documents as a basic principle and one of the defense rights of the accused, therefore, only if a person appears as a witness in a public court session or is a victim of a crime, is, it cannot be recognized as an acceptable justification for the necessity of implementing protective measures; Rather, standing as a witness and testifying in a public session, or revealing the victim's identity through the presence of the public and the media, should be considered a serious threat to the witness and the victim, and the court by presenting acceptable evidence confirm the existence of such threats verify and prove, and as long as other protective measures can be applied, the court should not resort to holding hearings in private.Considering that nowadays the human rights documents and the rights recognized in the constitution of the governments are increasingly mixed together and have caused the formation of a single and comprehensive model related to the principles of procedure, identifying the criteria and the policy It is necessary to accept the international human rights system and model these standards in criminal laws and domestic judicial procedure. Therefore, the purpose of the issue, is to untangle the mechanisms of the international human rights system and conceivable measures to establish a balance between the protection of witnesses or victims and the accused's right to a public hearing, as well as to strengthen the components and criteria of its guarantee in national courts and in It is the light of the findings of the law of the present age.The current research, which was carried out with the descriptive-analytical method and the use of library and documentary sources, will seek to answer the question that, What is the most important programs and measures imaginable to support witnesses and victims in order to create the balance with the accused's right to a public hearing?Regarding the background of the research as well as the innovation aspect of this article, it should be mentioned that although due to the basic importance of protecting witnesses and victims, there have been researches about it, but so far the study of the contents of the cases submitted to the human rights judicial authorities in order to identify the procedures and actions of these authorities regarding the creation of a balance between the protection of witnesses or victims and the right of the accused to a public trial has not been carried out in the present; In particular, a special attitude to the interpretations of the Human Rights Committee as the only authority interpreting the rights contained in the International Covenant on Civil and Political Rights, as well as the rulings issued by the European Court and the Inter-American Court as the executive arm of the European Convention on Human Rights and the American Convention on Human Rights, which have so far been In relation to this topic, it has been less discussed, it is one of the special features and innovations of the present article.The findings of the research show that in the international human rights system, despite the fact that the protection of witnesses and victims has not been specified as one of the exceptions to the public hearing, it is clear from the provisions of the documents and procedures of the human rights authorities, It is possible that despite special circumstances, the protection of witnesses and victims may be included in the framework of "interests of justice" and considered as one of the legal examples of closed hearings. But in order to avoid the unreasonable and widespread application of this exception, such an action is only possible "to the extent of necessity and in compliance with the principle of Proportion".Based on this, it has been concluded that creating a balance between the interests of the witness and the victim (protection of dignity and security) and the rights of the accused (publicity of the hearings) requires that restrictive measures in this regard are precisely defined and absolutely necessary. be In addition, if a minimal restrictive measure is sufficient to establish a balance, only the same measure should be carried out, and restricting the public holding of hearings should be considered as the last measure in relation to the protection of witnesses and victims. On this basis, concealing the identity of witnesses; Taking necessary measures for the physical protection of witnesses and victims, such as the presence of a person as a bodyguard; Removing the accused from the court during the hearing of witness and victim statements; Making statements in a shielded manner that prevents physical identification of witnesses and victims, such as using curtains, walls, or any other type of cover; Listening to the statements of witnesses and victims through the use of communication technologies such as video conferencing and similar measures is one of the most common and practical measures and mechanisms related to the protection of witnesses and victims, which should be carried out by the judicial authority. Therefore, as long as these protective measures are applicable, the court should not ignore the accused's rights to a fair trial and resort to making the hearings closed.
mohsen sharifi
Abstract
It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the ...
Read More
It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the Iranian criminal law development. However, there are some questions concerning the corporations' criminal liability under specific situations which must be answered by the lawmaker. The first question is that, whether this liability is exerted from registration date and the related arrangement or it is retrospective. The second question is that, what are the effects of breakup on a corporate liability? Is it regarded as the death of real persons which causes the extinction of criminal liability of legal persons during settlement? The third question is "what are the effects of merger and its various types (unilateral, bilateral or multi-lateral merger) on merging company's criminal liability, with regard to the scopes of special laws as well as the Fourth and Fifth Development Plan of the country, and the Trade Bill?
Hossein Mohammad Kourepaz; Seyyed Mahmood Mirkhalili; Abdoulali Tavajohi; Hamid Bahremand
Volume 3, Issue 9 , January 2015, , Pages 65-80
Abstract
Abstract Criminal profiling, as a relatively new technique, aims to involve criminologists, psychologists, and law enforcement officers to depict potential characteristics of dangerous offenders by assessing formers convicts, observing crime scenes, and interviewing victims so as to identify probable ...
Read More
Abstract Criminal profiling, as a relatively new technique, aims to involve criminologists, psychologists, and law enforcement officers to depict potential characteristics of dangerous offenders by assessing formers convicts, observing crime scenes, and interviewing victims so as to identify probable offenders. It is obvious that this technique can not accurately identify the offenders yet it limits the boundaries of possible suspects and helps law enforcement officers to identify the real criminal. The only probable and rational use of this technique relates to highly dangerous crimes and easier recognition of hardly detectable criminals. Therefore, it may also be applied to identify cyber criminals. In order to criminal profiling, it is possible to take advantages from focusing on two main indicators of behavioral presupposition of future offenders: First, to create a background of demographic, social, psychological and behavioral characteristics of cyber criminals; second, to analyze the collected data. In case of being properly analyzed, it can help profiler to gain an insight of the offenders; therefore, not only the collected data leads to identification of the offenders, but also it prevents delinquency. In this article, for reasons which will be referenced, the authors focus on social and demographic characteristics of cyber criminals and their motives. This article whose achievements are based on the study of cyber crime offenders and convicts in Iran, indicates that the cyber offenders like other offenders generally do not form a group of homogenous. However, there are some characteristics displayed stereotypically and without scientific support, may be prominently observed in cyber criminals (Hacker) and cyber.
morteza arefi; Mohammad Jafar Habibzadeh; Jalil Omidi; Mohammad Farajiha
Abstract
Realization of social justice is one of the obligations of states. The government promises to citizenships to realize it. Reduction of inequality, income inequality and creation of equal opportunities and facilities are afforded to the government support the poor, prevent from social isolation and criminal ...
Read More
Realization of social justice is one of the obligations of states. The government promises to citizenships to realize it. Reduction of inequality, income inequality and creation of equal opportunities and facilities are afforded to the government support the poor, prevent from social isolation and criminal behaviors. Nowadays, we are seeing that many of the politicians neither proceed in eradication of poverty and elimination of illegal discrimination nor recognition of fundamental human rights. They assume underclass and the poor as threatening of political and social order. Politicization of crime and social ills, dominance of conservative thoughts on political system and hegemony of neoliberal thoughts on economic system, new right criminology and new penology are reasons that create contexts of criminal intervention in the area of poverty and justify the punitive decision-making to the poor. Consequently, in present era the War on Poverty Policy has transformed to the War on the Poor Policy.
ScY'cd Mohammd Hosini; Mohammad Ehsan Ebrahimi Zarandi
Volume 1, Issue 2 , January 2013, , Pages 93-122
Abstract
Security is one of human societal needs and the most importantindex of space quality. In our modern complex urban societies,different environmental factors result various disharmonies and crimesin an i.nteractive influence process. On the other hand, occurrence ofdiverse societal abnormalities especially ...
Read More
Security is one of human societal needs and the most importantindex of space quality. In our modern complex urban societies,different environmental factors result various disharmonies and crimesin an i.nteractive influence process. On the other hand, occurrence ofdiverse societal abnormalities especially drug crimes is currently oneof the important problems of our country and judicial authoritiesconcerns. Thus, this research has tried to take a new step towardsenvironmental prevention by focusing on the identification andgeographic analysis of drug crimes in Kerman city. It has hied tospecify the major hotspots of drug crimes in Kerman city usingprimary statistical methods and kernel density estimation byillustrating the importance of crime hotspots study. It is obvious thatthe results of this study can help environmental prevention activitiesand police performances against drug abuse and trafficking in Kermanand also we can prevent f0l111ingof these regions by understandingspatial, temporal and societal factors fC)lming crime hotspots. Theresults indicate that drug-dealing crime center is approximatelycoincident with central part of the city with an inclination to both eastand west. The congestion of residential usage in these parts of the cityand lack of urban facilities such as cuitural, sports, green lands andrecreation and healthy leisure activities that provide prevention ofentering teenagers and young adults into delinquency groups is one ofthe efTective enviromnental reasons for the high drug-dealing crime.
mohamad ashouri; jafar movahedi
Abstract
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose ...
Read More
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.
Gholam Hossein Elham; Hossein Goldouzian
Volume 2, Issue 4 , November 2013, , Pages 107-135
Abstract
Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug ...
Read More
Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug according to the rule of The Most Important which is provided in penal code (Article 158, section B), police officersresort sting operation. These sort of measures, sometimes lead to commit a crime by a citizen instead of arresting a professional criminal and entrapment comes to existence. To achieve the entrapment, incitement must be done by the police officers and it must be done in the way that might be able to influence any common citizens.
Shahram Mohammadzadeh
Abstract
"Iran and England Courts' Approach to Effects of Murdered's Deliberate Behaviour in Interrupting of Cause Link" Abstract: In debate of cause link, factors may interfere after committing accused's behaviour and before realization criminal result for creation it, in the way that real attribution fact ...
Read More
"Iran and England Courts' Approach to Effects of Murdered's Deliberate Behaviour in Interrupting of Cause Link" Abstract: In debate of cause link, factors may interfere after committing accused's behaviour and before realization criminal result for creation it, in the way that real attribution fact to accused faces to difficulty. One of these factors is victim's behaviour. Sometimes his/her behaviour (act or omission) in happening criminal result, acceleration or resonance have casual effect. In this article, several patterns of Iran and England courts' verdicts are analysed and judgs' approach to causal effect in the final result of accused's behaviour and it's importance in remove or diminish of his responsibility is evaluated. This evalution clarify that the current casual judgment in criminal law is relative and not only from one judicial system to another judicial system is different but also is different from one court to another court in same criminal system even in different stages of one trial
Muhamad Mehdi Saghian
Volume 2, Issue 6 , April 2014, , Pages 113-136
Abstract
AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly ...
Read More
AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly developed; the legislator has also taken his/herrights into his consideration from the first step of the criminal process (stageof the exposure of crime). Right to meet the lawyer and physician andpossibility of making call are considered as rights of accused in the stage ofguardian of peace intervention. Furthermore, right of accused in thepreliminary stage investigations in specific sense (i.e. at the presence ofinterrogator) has entirely developed. Giving the same opportunities to theparties has been one of the most important goals in the legislator’s point ofview in this code. Generally, these innovations can be regarded in twopivots: reinforcement of defensive rights (balance between public interestand interest of accused) and decrease of cases which damage the freedom.
modjtaba jafari
Abstract
Being one of the sexual offences which today is criminalized in almost any countries, the crime of rape include an important element that is use of force by the offender to have a sexual relation with some one else. Accordingly, although the victim will certainly defend her self, but ...
Read More
Being one of the sexual offences which today is criminalized in almost any countries, the crime of rape include an important element that is use of force by the offender to have a sexual relation with some one else. Accordingly, although the victim will certainly defend her self, but ultimately this is the offender who overcome the defender and will reaches to his purpose. During the last decades that this behavior has been criminalised in the world, some questions have been leaved without any answer in the mind of the legalists and the public opinion. One of the most important question in this area consist of a concept concerning the "victim consent" in the crime of rape. In other word, the question is that what is the" victim consent"? and what we mean by the "lack of consent" as one of the principal elements of the crime of rape? In a wish of doing a critical analysis of the Iranian situation about the subject, we will try to reconstruct the Iranian rape law by flowing a comparative study between Iranian and England rape law. Our purpose will be to harmonise the positive law with the modern facts of society. This critical study will be finished by proposal of some necessary reforms in the Iranian rape law
shahla moazami; piman namamian
Volume 3, Issue 11 , June 2015, , Pages 113-146
Abstract
Abstract Undoubtedly, the advent of third generation international criminal tribunals called mixed tribunals is one of the most interesting phenomena in modern international criminal law in last decade of past century and early 21th one. Internationally, one of mechanisms existing to prosecute ...
Read More
Abstract Undoubtedly, the advent of third generation international criminal tribunals called mixed tribunals is one of the most interesting phenomena in modern international criminal law in last decade of past century and early 21th one. Internationally, one of mechanisms existing to prosecute and punish crimes is to establish different international tribunals. In addition, international community recognized the need for judiciary and legal system partnership of states where crimes were being committed in order to punish international crimes effectively therefore, it established mentioned tribunals to this end. Internationally, permanent as well as ad hoc criminal authorities are an appropriate option to be used by international community to combat international crimes. Thus, international criminal court is the only permanent and competent judiciary authority for considering international crimes, but presence of such limitations as necessity of bringing situations of international crime commission before U:N security council prevent this goal achievement. However ad, hoc tribunals, including merely international and/ or mixed ones with national authorities, can be created in order to prosecute and address this category of crimes. But such actions demand making decision by security council under chapter VII of united Nations charter.
Husein heidari; Jenat Khaksar arani
Volume 3, Issue 8 , October 2014, , Pages 115-143
Abstract
The invention of writing system may be considered as a divider between savagery and civility. Another line between these two periods appears to be invention of procedural law, special in public law. Concerning these two issues, Mesopotamia is, undoubtedly, the most significant origin of civilization. ...
Read More
The invention of writing system may be considered as a divider between savagery and civility. Another line between these two periods appears to be invention of procedural law, special in public law. Concerning these two issues, Mesopotamia is, undoubtedly, the most significant origin of civilization. After detection of Hammurabi’s code as inscribed on stone tablets, it has been proved that code of Hammurabi is the most detailed and comprehensive collection found in Ancient Mesopotamia. Moses has been estimated to live between 1500 and 1200 B.C. However, the most ancient written documents attributed to him, Pentateuch; date back to 900 B.C. in Palestine. The current article is an attempt to reveal similarities between code of Hammurabi and Jewish laws in such topics as punishment for witchcraft, adultery, retaliation mythologies such as storm in time of Noah and etc. meanwhile, slight differences between code of Hammurabi and Jewish laws in such topics as vicarious punishment, rights of women and etc. altogether, dramatic correlation between two collection of codes might indicate that code of Hammurabi is a prototype of Jewish laws.
Ahmad Ahmadi; Mohsen Rezaie
Abstract
Globalization of crime has faced principles and rules of jurisdiction and institutions of the criminal proceedings with challenges. The Iranian criminal law system affected by the globalization of crime has taken actions on a range of substantive criminal law including the expanded criminalization and ...
Read More
Globalization of crime has faced principles and rules of jurisdiction and institutions of the criminal proceedings with challenges. The Iranian criminal law system affected by the globalization of crime has taken actions on a range of substantive criminal law including the expanded criminalization and criminal and non-criminal anticipation, response measures. Moreover, in the sphere of procedural criminal law, it was in the form of some modified principles and the rules of criminal procedure, predicting some of the specialized agencies and the rights of defendants and victims. Such changes led to thr reversal of the presumption of innocence, the exclusion rule over time, the relativity of a public hearing, a change in the evidence system, differential (exceptional) of criminal procedure, specialized institutions dealing, giving excessive authority over the police. Besides the alteration of the aforementioned principles rules, there are a series of more specific rules in connection with the global crimes such as mandating the indictment, the proceedings turn out, certain provisions or the lack of appeal, obligation to publish the names of those convicted, delivery monitoring etc. In the present study, the effects of the modified rules and procedures are discussed
Abolfath Khaleghi; Hojatollah Rashnavadi
Volume 1, Issue 3 , July 2013, , Pages 119-141
Abstract
Human life and his survival on the earth are dependent on the utilizationof the different sources like water resources. Misusing of the environmentalresources can result in pollution and destruction. Water, as a very sensitiveenvironmental resource on which human life depends, will be exposed to allkinds ...
Read More
Human life and his survival on the earth are dependent on the utilizationof the different sources like water resources. Misusing of the environmentalresources can result in pollution and destruction. Water, as a very sensitiveenvironmental resource on which human life depends, will be exposed to allkinds of environmental pollutions. The necessity of preservation of the waterresources has been engaged in legal and criminal strategies which are passedin order to save and protect these resources. Internal criminal policy in thefield of legislation with regard to religious order and the national and localconsiderations has focused on respecting water resources. This policy hasdirectly and indirectly been influenced by the application of the requirementsof joining to international instrument regulations, and has passed laws topreserve different bodies of water resourc
Masoud Akbari; Fatemeh Ghanad
Volume 2, Issue 5 , February 2014, , Pages 121-146
Abstract
AbstrctChildren and juvenile sex tourism has nowadays become one of the mostprofitable transnational organized criminal practices, which as a new typeof child and juvenile victimization in the world, became a manifestation ofmodern slavery of children and minors. This practice involves the abuse andprostitution ...
Read More
AbstrctChildren and juvenile sex tourism has nowadays become one of the mostprofitable transnational organized criminal practices, which as a new typeof child and juvenile victimization in the world, became a manifestation ofmodern slavery of children and minors. This practice involves the abuse andprostitution of children and minors, their forced employment in brothels andtheir sexual exploitation, as well as and providing venues sexual engagementand pleasure of travelers coming mainly from the industrial and developedcountries. Due to the lack of children's capacity to consent, child sex tourismis considered an acute and inhumane phenomenon against which a globalconsensus and firm determination has been formed. This paper is an effort todraw attention to the status of sex tourism, and, in this context, describe thevictimization of children and juveniles as a modern type of sexualexploitation and overview Iran's legislative criminal policy measures, alongwith its strengths and weaknesses.
Ruhollah Akrami
Abstract
Rupture of the spleen is one of the most common internal injuries caused by accidents which eventually leads to the removal of the organ from the victim's body. No special text on Jurisprudential sources of such compensation has come down to us. However, some general narratives suggesting full ...
Read More
Rupture of the spleen is one of the most common internal injuries caused by accidents which eventually leads to the removal of the organ from the victim's body. No special text on Jurisprudential sources of such compensation has come down to us. However, some general narratives suggesting full compensation of the single's body organs has been generalized by many Jurists to internal organs including the spleen. The Islamic Penal Code (2013. art. 563) also put emphasis on this criterion about internal organs. There was a great unanimity in the courts’ sentences regarding the interpretation of given article on damage to spleen. This disagreement led to the issuance of Order of Precedent N.740 by the General Board of the Supreme Court and as a consequence, lower courts were obliged to exclude the blood money of spleen from art.563. This essay, has discussed this comparative approach from the perspective of Imamiyyah Shiite and Sunnite Jurisprudence considering the jurisprudential principles and reasons relating to compensation of spleen and come to the result that the theory of spleen's full compensation has a stronger legal backing. Moreover, from a legal point of view, it is doubtless that given art also include the compensation for the spleen.
Ghassem Mohammadi; Ehsan Abbaszadeh Amirabadi
Abstract
Criminal participation as a subject including abetting, complicity and
organized crimes created a joint field of study between criminal law and
criminology. Basing the definition of criminal participation on “Intervention
of at least two individuals” in both studies followed the empathy ...
Read More
Criminal participation as a subject including abetting, complicity and
organized crimes created a joint field of study between criminal law and
criminology. Basing the definition of criminal participation on “Intervention
of at least two individuals” in both studies followed the empathy of those
science in explaining concept and setting examples. However, according to
the requirements of each area, criminal participation has allocated a
different domain to itself. Criminological review of criminal participation
suggests that substantiation of this title is based on proof of two elements:
engagement with incompatible groups and individuals and effectiveness of
incompatible party. Moreover, patterns of criminal participation can be
limited in three cases: organized participation, conspiracy-based
participation and unconscious participation.
Abdolreza javan jafari; Muhammad Saleh Esfandiari Bahraseman
Abstract
In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing ...
Read More
In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing the death penalty for some drug traffickers in early years of the revolution and during of the imposed war and executed in public by considering the "punishment and social solidarity" theory. In those times, death penalty have been as the emotional expression and reflection of community anger against violation of social values. However, death penalty has presented the most important function in those social situation. During the time, the attitude of people and elites towards the punishment and especially death penalty on drug crimes in terms of advection of socio-cultural evolutions and the change of values in the context of society was upgraded. One of the most important signs of mentioned evolution is the lack of execution of the death penalty in public.
Islamic jurisprudence
javad sarkhosh; Hannane Nosrat kharazmi
Abstract
In Islamic jurisprudence, one of the conditions for the Qisas sentence is the equality of criminal and victim in religion. In Imami jurisprudence, there are two general views in this field; Most Imami jurists believe in the non-retaliation of Muslims for murder of Dhimma. Therefore, according to the ...
Read More
In Islamic jurisprudence, one of the conditions for the Qisas sentence is the equality of criminal and victim in religion. In Imami jurisprudence, there are two general views in this field; Most Imami jurists believe in the non-retaliation of Muslims for murder of Dhimma. Therefore, according to the well-known opinion of the Imami jurists, a Muslim will not be sentenced to Qisas for murder of Dhimma, Unless he/she has a habit of doing this, in which case he/she will be sentenced to death. In contrast to this view, there is the theory of Sheikh Sadouq, who believes that the Qisas sentence for Muslims owing to murder of Dhimma is permissible. Proponents of each point of view have cited evidence such as the book (Qur'an), Sunnah (tradition ), and consensus to prove their theory, but the reason that has provoked the most discussion and disagreement in this field is the existence of conflicting narrations on this issue. In this article, while dealing with other evidences, the document and content of conflicting narrations have been examined and finally the second category of narrations which was also approved by Sheikh Sadouq has been accepted
abolghasem khodadi; maryam eftekhar
Abstract
Abstract
Clinical victimology aims to identify the pain and suffering caused by crime, compensation of damage for crime victims, and eventually, treatment and rehabilitation of the victim. But, investigating this issue has been, to some extent, neglected in the criminological literature of Iran. ...
Read More
Abstract
Clinical victimology aims to identify the pain and suffering caused by crime, compensation of damage for crime victims, and eventually, treatment and rehabilitation of the victim. But, investigating this issue has been, to some extent, neglected in the criminological literature of Iran. Hence, this article attempts to specify the conceptual framework and phases of clinical victimology. In this regard, different damages imposed to the victims are reviewed by providing a new understanding of post-traumatic stress disorder. One of the most important subjects of clinical victimology is recognizing the symptoms and etiology of this disorder, as the most important reaction after a criminal event. After understanding this important issue by using medical science, psychiatry and psychology, a variety of emotional and psychological support measures, pharmacotherapy and psychotherapy are provided to reduce the impact of incidents of criminal damage and attempt to rehabilitate the victim (of an offences), and at the end of the day, the Amending the Legal Medicine Organization is suggested to promote clinical services to victim (of an offences).
hedyeh hedayat; seyed hossein hashemi
Abstract
The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial ...
Read More
The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial and for the case of child abuse within the family, the best interests require some exceptions; i.e. children temporary separation and foreclosure maintenance of parents in severe cases with emphasis on the best interests of the child. This article, through international documents, tends to peruse the need to protect children in their family after victimization by family members. In this line, the importance of family-centered cares with expanding the alternative family and finally, suitable accommodations in institutions are taken into account in the hope of the return of children to the family. Moreover, continuity and in critical conditions of failure to satisfy child’s needs by alternative family and in the lack of hope to return to the family, full separation is the last resort. A comparative study between international documents indicates many legal vacuums in Iranian laws. Present Laws fail to guarantee the principle of non-separation of the child from family suitably. In this situation, the legislative criminal policy must be established in order to protect children against the victimization.
