Behzad Razavifard
Nasrin Mehra; Behzad Jahani
Abstract
Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force ...
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Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force in order to arrest and hand over accused to the legal authorities. Present article reviews the history, circumstances and scope of citizens intervention regarding the arrest of the accused in the legal system of Iran and England where the origin of the citizen’s arrest theory is. In the common law, citizen's arrest has the historical basis and now citizens of English, in Indictable offences with other circumstances, have the right to arrest the accused. However, in the Iranian legal system and for the first time, the legislator has granted people the right of taking necessary actions in order to prevent the offender from escaping and protecting the crime scene based the Article 45 of the Code of Criminal Procedure (2014). This right is conditional due to the three conditions: just especial crimes, crime shall be evident and the absence of law enforcers.
Jafar Yazdian Jafari
Abstract
In this article I embark on the contrast between individual and national
security in crimes against security. Crimes against the state can be divided
into crimes against existence of state and authority of state. In these crimes
the first victim is the state itself. Crimes against the security are ...
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In this article I embark on the contrast between individual and national
security in crimes against security. Crimes against the state can be divided
into crimes against existence of state and authority of state. In these crimes
the first victim is the state itself. Crimes against the security are located in
the first category. In these crimes accused rights probably are violated by
the state because the state cannot remain neutral. In this regard, firstly I
discuss on the principals of criminal law about crimes against security and
then its legality. Some scholars believe that public interest is a good pretext
to violate the given rights but other scholars firmly assert that no pretext is
welcomed. This research shows that the present criminal regulation of Iran
followed the first approach which has progressed after the revolution
(1979).
Fazlollah Forughi; Keyvan Ghani; Mohammad Mirzai
Abstract
Changes in the nature and form of crime in this century have been caused
by the globalization and crimes, as consequence, gained the transnational
and international dimensions. The most important of these crimes is
terrorism which is often committed in an organized way and criminals take
also advantages ...
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Changes in the nature and form of crime in this century have been caused
by the globalization and crimes, as consequence, gained the transnational
and international dimensions. The most important of these crimes is
terrorism which is often committed in an organized way and criminals take
also advantages of modern technology; this made fighting against such
crime much more complex. The nuclear terrorism is the most dangerous
forms of terrorism, given the extent of the adverse effects on physical and
spiritual, especially in the late twentieth century in the wake of the collapse
of the Soviet Union. Given crime has called more attention due to the
possibility of stealing nuclear materials. That being so, measures to prevent
such crime shall be taken by national and international authority. The main
purpose of this research is to explain the preventive measures with regard to
international instruments to guide preventive strategies. Accordingly, the
findings suggest that situational prevention and CRM technology, could be
considered a one of the effective measures on the reduction and control of
nuclear terrorism which reduces the opportunity of the perpetration of
aforementioned crime. The implementation of such measures requires the
interaction and supervision of all entities nationally and internationally.
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 ...
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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
Sepide Mirmajidi; Mohammad Jafar Habibzadeh; Mohammad Farajiha; Jalil Omidi
Abstract
According to social constructionism, crime is a social phenomenon that has not necessarily independent objective existence outside the human mind and what counts as crime varies depending on who is defining it. Therefore, in relations among people, we face with construction of ‘social reality of ...
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According to social constructionism, crime is a social phenomenon that has not necessarily independent objective existence outside the human mind and what counts as crime varies depending on who is defining it. Therefore, in relations among people, we face with construction of ‘social reality of crime’. By adopting a moderate view of social constructionism and using social reality of crime theory, this article discusses on the fact of criminalization process in Iran. This theory (social reality of crime) believes that formulation and application of criminal law, development of behavior patterns in relation to criminal definitions and construction of criminal conception are products of shareholders’ action that seek to ensure their domination and interests by affecting the criminal process. The study of proceedings of committees, public sessions of parliament, official discourse of criminal policy actors and comments of religious entrepreneurs shows that at least in some areas of criminalization in Iran, social constructionism theory has dominated criminalization process and mentality of its actors.
