morad abasi; Mohammad Hadi Sadeghi; Fazlollah Foroghi; Seyed Mohamad Mahdi Sadati
Abstract
plurality of crime is a special situation in which a person has committed several crimes before a final conviction, and Lawyers have expressed different views on the rules of plurality of crime. the regulation of criminal institutions cannot be independent of the goals of the criminal response. The present ...
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plurality of crime is a special situation in which a person has committed several crimes before a final conviction, and Lawyers have expressed different views on the rules of plurality of crime. the regulation of criminal institutions cannot be independent of the goals of the criminal response. The present article is a descriptive-analytical study using documentary sources. This study answers the question of how the plurality of crime is affected by the goals of ta'zir and creates a new rule? Since the main goal in ta'zir is correction, and in addition to correction, compensation for the damage is also considered. Criminal talent should also be considered in the process of correction.it is also necessary to pay attention to criminal motives. Therefore, in committing crimes, if the motives are similar, they will interfere and will be limited to just one ta'zir. And if the motives are dissimilar, any motive independent of the other motive is the subject of ta'zir, and the plurality of motives will cause the plurality of ta'zir reactions. Unless the goal is achieved by applying an appropriate ta'zir,in which case the causes will interfere.In cases where the purpose of ta'zir is compensation, the plurality of victims will lead to the plurality of ta'zir,even if the motive is the same.in order to provide the Victims' interests, a reaction must be adopted in the light of which the perpetrator's correction is also achieved.
Abstract
The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion ...
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The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion before detention, but in some cases with according to the law at the beginning and continued detention, finally the verdict on the innocence of arrested defendants was issued. In this case the fundamental question arises as to whether the detainee can claim compensation for detention and losses during which incurred? Although the pros and cons raised, but arguments of proponents is stronger than opponents. In this regard, in recent decades under various criminal justice system including France (since 1970) and Iran (since 2014) the right of compensation from innocent arrested defendants have been accepted. This article tries to study this institution in Iran and France criminal justice system with a comparative approach.
Hossein Gholami; omid Rostami Ghazani
Volume 2, Issue 4 , November 2013, , Pages 33-64
Abstract
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions ...
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Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions in relation to developments in contemporary legal thoughts such asrestorative justice. This essay seeks to explain the concept of restorativejustice and its context in the trials of international crimes. It also seeks toexplain the Statute of ICC from the view of its proceedings and decisions byinspiration of “purist model” and “maximalist model “approaches about therestorative justice. The aim is to find the characters defined for restorativejustice in ICC, and explain the contexts of the restorative justice.
