seyed mohhamad hosini; majid ghorchi beygi
Volume 3, Issue 10 , April 2015, Pages 9-40
Abstract
By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. ...
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By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. Critical criminologists are interested in victimology of white-collar crime. They called victim of white-collar crimes as invisible victims. The nature of white-collar victimization is financial although it may lead to serious physical harms. Patterns of victimization in conventional crimes are different to patterns of white-collar crime victimization although these patterns are similar to each other to some extent. Patterns and types of victimization in white-collar crimes are varied by gender, age, and socio-economic class. Beyond the direct economic costs, white-collar crimes have many significant indirect costs which are harmful as well as direct ones. [1] - Assiatant professor of Criminal Law and Criminology, Law Department, University of Kharazmi. [2]- Associate Professor of Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran.
kiomars kalantari; FARSHAD SHIRZADI FAR
Volume 3, Issue 10 , April 2015, Pages 41-63
Abstract
Abstract Credit of foreign court sentences means a sentence issued by foreign courts including (international and domestic courts of countries) against public crimes with the credit of universal jurisdiction based on the positive conflict of jurisdiction whether according to conviction or acquittal. ...
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Abstract Credit of foreign court sentences means a sentence issued by foreign courts including (international and domestic courts of countries) against public crimes with the credit of universal jurisdiction based on the positive conflict of jurisdiction whether according to conviction or acquittal. If universal jurisdiction is concerned about a crime, even though that crime have a punishment (Moharebeh or corruption on earth), our country`s courts do not have the right to address the issue again. However, when an Iranian who has committed a universal crime while was investigated and punished by a foreign court, if this person is found in Iran, with respect to personal jurisdiction, Iranian courts can investigate him. Also, a person with a universal crime can escape punishment by relying on his ignorance of some crimes or his ignorance of the subject. It seems that, in the case of acceptance of non-validity of Iranian's courts about universal jurisdiction if the committed crime has been subject to punishment and the person has withstood the sentence outside Iran, and that sentence is not compatible with Shriah concepts such as lack of forgetting punishments, but with respect to international interest, this problem can be solved by depending on alternative sentences.
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.
mohsen borhani
Volume 3, Issue 10 , April 2015, Pages 89-112
Abstract
Abstract As the result of the Guardian Council’s objections to the Islamic Penal Code, a kind of punishment as "Sharia-based Ta'zir" has actually entered the Iranian criminal justice system to which a number of rules cannot be applied According to Clause 2 of Article 115 of the Islamic Penal Code. ...
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Abstract As the result of the Guardian Council’s objections to the Islamic Penal Code, a kind of punishment as "Sharia-based Ta'zir" has actually entered the Iranian criminal justice system to which a number of rules cannot be applied According to Clause 2 of Article 115 of the Islamic Penal Code. Understanding the bases of this particular kind of punishment, its quantity in our criminal law, the consequences of its entrance into the Islamic Penal Code, and eventually the criticism of the approach adopted by the legislature are followed in this article. It is claimed here that the enactment of this kind of punishment has almost no considerable positive effect and adversely it causes a lot of confusion among jurists and creates the possibility of violation of the rights of the convicted.
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 ...
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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
azam mahdavipor; najmeh shahrani karani
Volume 3, Issue 10 , April 2015, Pages 129-156
Abstract
Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation ...
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Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation of offender with judicial as informant. This method, in one hand, guarantees security and it will insert economic offenders in unsafe situation in the other hand. Encouraging these people, who have more information about criminal action than anybody else, is important. UN convention on corruption recognized the important role of such people in the fight against crimes and provided certain rules such as article37, under cooperation with law enforcement authorities about this subject. This paper deals with the role of informants in Criminal Procedure of Economic Crime.
