Ali Hossein Nadjafi Abrandabadi; Soodabeh Rezvani
Abstract
Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive ...
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Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive detention is a sort of pre-emptive action for public
protection. In this measure, criminal law is moving from a retributive
approach to a forward-looking approach and applied to pre-crime.
Therefore, the article, examines this approach with emphasis on Article 150
of the Islamic Penal Code of Iran and the United States of America’s and
France's law that are examples of punitive penal policy.
Bagher Shamloo; Mahdi Kazemi Jouybari
Abstract
Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization ...
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Defining the concept of crime is the starting point in the criminal
thought. Basically, any view taken on the concept of crime formulates the
other fundamental criminological concepts (such as the criminal and
etiology) as well as basic concepts of criminal policy system (such as justice,
criminalization and prevention). In the light of the foregoing, we attempt to
discuss the concept of the crime in the framework of two distinct paradigms
of modernism and postmodernism. That said, we argue that while the
modernist reading conceives the crime with the presumption of the objective
nature or inherent meaning, the postmodernist reading, on the contrary,
replaces this presumption with the subjective nature or acquired meaning. In
order to develop this thesis, the ideas of postmodernism will first be
introduced. Subsequently, a critique of the modernist view of the crime will
be offered. Eventually, a new definition of the crime from the perspective of
the constitutive criminology will be provided. Despite the above-said
importance, this analysis of the meaning of the crime has never been touched
upon in the Persian literature of criminology.
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.
Gholamhasan Koushki; Nader Alizadeh Seresht
Abstract
One of the most significant jurisdiction of the Revolution Court is to
investigate crimes which are against the public security. However, there are
two categories regarding the concept and the realm of crimes against public
security. First, there is a broad interpretation approach toward such crimes
committed ...
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One of the most significant jurisdiction of the Revolution Court is to
investigate crimes which are against the public security. However, there are
two categories regarding the concept and the realm of crimes against public
security. First, there is a broad interpretation approach toward such crimes
committed inside and outside the country which is mostly based on some
provisions such as clause (T) of article 303 cited in the criminal procedure
law. Secondly, there is a narrow interpretation on the realm of such crime
which is more favorable in jurists’ eyes. I attempt to investigate the “broad
interpretation approach” to find its contradictions to the many principles of
procedure. Beyond such interpretation, there are some temporary
consultations to find the best policy such as swift and decisive investigation
that will drive the fair trial, supposed to guarantee the individuals’ rights,
into a corner in the long term and redouble the importance of minimalistic
interpretation regarding the crimes against public security which are about
to be heard in the Revolution Court.
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 ...
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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.
S. Mohammad Sadegh tabatabai; S. Hussein As’adi
Abstract
The jurisdiction of a court refers to its capacity in order to take valid
legal actions. The first of purpose the criminal law is to inflict deserved
punishment for retaliation of the committed crime. A prosecutor prosecutes
defendant which might lead to conviction. Many states including Iran claim
jurisdiction ...
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The jurisdiction of a court refers to its capacity in order to take valid
legal actions. The first of purpose the criminal law is to inflict deserved
punishment for retaliation of the committed crime. A prosecutor prosecutes
defendant which might lead to conviction. Many states including Iran claim
jurisdiction over the crimes of their own citizens even if these crimes have
been committed abroad. Moreover, it is also true for a case when an apatrid
individual commits a crime against an Iranian citizen abroad. Considerable
ambiguities and errors are observable by studying the determined
jurisdictional principles in the Criminal Procedure Code. The reason for this
ambiguity revolves around article 316 which is not clear- cut, which may
leads jurist and judges to interpretive narrowly. As principle of legitimacy of
offences provides that penal codes must be interpreted strictly and should
not be generalized through compression method, it is necessary that it
article be reformed.
