mehri barzegar; Hossein gholami
Abstract
Prediction of recidivism is a part of criminological studies which has many functions in juristic decision about the convicted. One of the most important decisions deals with parole,which is based on the hypothesis that the convicted will have a due attitude during his conviction and will not commit ...
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Prediction of recidivism is a part of criminological studies which has many functions in juristic decision about the convicted. One of the most important decisions deals with parole,which is based on the hypothesis that the convicted will have a due attitude during his conviction and will not commit any criminal offense after early release from prison. Several studies have been conducted about such clause which might be divided into three generations: First generation methods that were mostly inuitional and clinical, second generation methods, which included clinical methods, improved by actuarial studies and static actuarial methods and third generation methods which considered risk/need and static/dynamic factors. Hence, standard tables like SFS and LSI-R are provided which are applied in order to grant parole. In Iran, according to second clause of Article 58 of Islamic Penal Code (enacted in 1392) and its precedence in older criminal codes, prediction of non-commission of crime is one of conditions of granting parole which is a legal context to apply prediction studies in parole.Yet, juridical context is not provided. Exact definition of factors needs a longitudinal research with regard to successful studies in other countries and localizing them.
Mustafa Meshkat
Abstract
Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. ...
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Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. Rather, it includes many of the risk behaviors that a pregnant woman during pregnancy can provide for the incidence of death, fetal illnesses, and fetal disorders. In this regard, the United States has, along with the relative ban on abortion, has provided suitable criminal protection against other abuse to the fetus, also known as the protection of unborn children. In addition to the federal area, this issue has been further targeted in some states like South Carolina. In this regard, the national criminal justice system, although in the Islamic Penal Code and Tacitus, has provided a supportive approach to violence against the fetus, but has not responded to the fetal neglect or failure. Therefore, in this study, the aim of this study is to provide a supportive strategy by analyzing and comparing the fetal abuse status in the criminal system of the United States and Iran.
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
Abstract
The majorities of authors have been interested in the moral element of unintentional offenses and have not been sufficiently interested in the issue of the material element and the legal element of these offenses, so this has sparked an amalgam. These authors did not make any difference between formal ...
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The majorities of authors have been interested in the moral element of unintentional offenses and have not been sufficiently interested in the issue of the material element and the legal element of these offenses, so this has sparked an amalgam. These authors did not make any difference between formal offenses and result offenses that also amused an amalgam. The French legislature refers for the first time to the question of the moral element of unintentional offenses in the 1994 Penal Code. The Iranian Penal Code also refers in this regard to Article 125 of the new Penal Code. Nevertheless, these codes have disadvantages on this subject. First, we are interested in the issue of the difference between formal offenses and outcome offenses, and then we address the issue of the moral element of these offenses.First, we are interested in the issue of the difference between formal offenses and outcome offenses, and then we address the issue of the moral element of these offenses.
Abstract
This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. ...
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This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. This article discusses whether it is possible and recommendable that corporate criminal responsibility should be introduced for violations of human rights and humanitarian law and that the domestic courts as well as the international Criminal Court should therefore have jurisdiction over such legal entities. The first section of the article studies the recent works done by the UN Human Rights Council and also Office of the High Commissioner for Human Rights in the framework of a project for improving accountability and access to remedy for victims of business-related human rights abuses. The second part while reviewing the Nuremberg military trials and discussions during the 1998 Rome Conference explores key questions de lege ferenda as well as current policy and legal matters.
nadia bagheri; mojtaba janipour; mahin sobhani
Abstract
Abstract
The aim of this paper is to consider the Tu quoque defence in the context of international criminal law by the analytical-descriptive approach. Simply put, Tu quoque is the Latin term (equal to: You too) and often is stated in this context: (You should not punish me because you did it too). ...
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Abstract
The aim of this paper is to consider the Tu quoque defence in the context of international criminal law by the analytical-descriptive approach. Simply put, Tu quoque is the Latin term (equal to: You too) and often is stated in this context: (You should not punish me because you did it too). This defence, for the first time was implicitly accepted during the Nuremberg tribunal (following World War II) in the Admiral Karl Doenitz case. The original base of this argument is the clean hands doctrine: (if one of the parties of armed conflict has committed certain crimes, his hands to prosecute or punish other parties of conflict for the same crimes are not clean). Recently, criminal tribunals such as International Criminal Tribunal for Yugoslavia have been faced with Tu quoque as a defence. Despite the existence of an ambiguous history for this defence, jurists have not paid enough attention to this defence. This paper, by examining the jurisprudence of IMT and other international criminal courts, concludes that Tu quoque defence in Genocide and Crimes against humanity cannot be accepted, but in some War Crimes and the Crime of Aggression, this defence is acceptable under certain circumstances.
Mahmood Saber; mohammad jafar habibzadeh; AMIN AGHAEE
Abstract
People are actual victims of crimes against public interest, undoubted criminal protection of public interest is an instance of People protection. However victimization in crimes against public interest is one of the theoretical and practical controversial issues and damages caused victimization are ...
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People are actual victims of crimes against public interest, undoubted criminal protection of public interest is an instance of People protection. However victimization in crimes against public interest is one of the theoretical and practical controversial issues and damages caused victimization are not easily recognized and compensated. Becuse on one hand these crimes effects are appeared after passing a long time (9-14) and generally they are without immediate victims and on the other hand its not possible to determine the valnerable people and harms caused by any of them can affect each citizen by dis pertion In the community. These obstacles not only make diffiicult prosecution for obtaining casual relationship and offensive faults but also make compensation difficult for victims both conseptually and procedurally. In addition to the difficulties related to the assertion Casual relationship complaining from valnerable citizens and potential victims also being non-objective and intangable of some damages has been become obstacle. In this article we are trying to study protective facilities, obstacles and traits in some legal systems in effective support of public interest and use these cases in condifiction of regulations in Iran`s law. .
mahdi sabooripour; iraj khalilzadeh
Abstract
Customary Criminal Code (1295) is the first substantial code in Iranian criminal law developments . This Code is ratified 38 years after Counte Code (1258) . Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties ...
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Customary Criminal Code (1295) is the first substantial code in Iranian criminal law developments . This Code is ratified 38 years after Counte Code (1258) . Its importance is that it makes the substructures of its post criminal codes. This Code is very important due to new division of crimes, penalties and explanations of Counte Code which was unprecedented. These regulations show Iranian criminal law developments and Iranian legal social culture in 100 years ago. Many of current criminal law organizations go back to even pre-constitutional period. In Naseri period, French Penal Code (1810) , and some of Ottoman regulations were translated, but they were not ratified by Naserredin Shah. These laws and regulations were accepted by Nosratodoleh. This article examines ratification of Customary Criminal Code and then analyzes typology of crimes and penalties. Key Words: Customary Criminal Code، Firooz Mirza Nosratodoleh، Criminal Law Developments، Crimes and Penalties Typology، Organizationology
Alireza Taghipoor; Fatemeh Mottaghi
Abstract
Authority and freedom are two subjects always in contrast to each other. Governments strive to enhance their authorities to control people by emphasis on following the rules, yet people try to improve their freedom with different methods. When laws are considered unfair and employing legal ways do not ...
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Authority and freedom are two subjects always in contrast to each other. Governments strive to enhance their authorities to control people by emphasis on following the rules, yet people try to improve their freedom with different methods. When laws are considered unfair and employing legal ways do not lead to modify them, folks disobey them deliberately, consciously and non-violently by civil disobedience to show the necessity of modifying them. Although this act is kind of violation of law, its way to breaking the law differs from other usual offenders. Albeit, this is impossible to ignore their punishment. Civil disobedience originally distinguishes from revolution, rebellion, and armed disobedience based on acceptance of punishment from disobedient. Although, with regard to moral motivation of disobedience and his/her ideal aim based on establishment of justified law, their punishments are able to suspension or mitigation and in some circumstances are able to amnesty or remission.
Jamshid Gholamloo
Abstract
Confession is a traditional and common evidence in Criminal cases. It is assumed that the reasonable person, does not plead guilty. However, some of the defendants confessed to the crime in which they actually did not commit and are innocent. In this paper, by using case study method, the 13 cases which ...
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Confession is a traditional and common evidence in Criminal cases. It is assumed that the reasonable person, does not plead guilty. However, some of the defendants confessed to the crime in which they actually did not commit and are innocent. In this paper, by using case study method, the 13 cases which a false confession obtained by police, were analyzed. The data were collected by case analysis, observation and interviews. Police place in the forefront of obtaining a false confession. When the police believe a person is a criminal and hasn’t got any evidence, suspect’s confession is the easiest solution to prove accusation and to finish investigation. Police officers obtain a false confession by a three-step process: suspected misclassification, coercion and contamination. Recording interrogations along with training correct ways of interrogation and informing police officers as to false confessions causes and consequences will prevent or reduce false confessions in police investigation.
