Maryam Ahmadinejad
Volume 1, Issue 1 , October 2012, Pages 1-32
Abstract
The oldest topics in international law are the deportation andextradition. After raised the new issues of human rights in the field ofinternational law and to transform human statusininternationalrelations inpractice the issue ofdeportationand extradition aresometimes in conflict with European human ...
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The oldest topics in international law are the deportation andextradition. After raised the new issues of human rights in the field ofinternational law and to transform human statusininternationalrelations inpractice the issue ofdeportationand extradition aresometimes in conflict with European human rights concepteuropeancourt ofhuman rightsasalegal element of the europeanconventiononhuman rightsinitspractice tojudge the votesabout thesomeoftheseconflicts. Based on, thepresent article influence of humanrightsstatedin theEuropean conventionof human rightson theissueofdeportationandextradition in the practice of the statesparties totheconvention has been studied according to theEuropean court ofhumanrightsvotes
Gholamreza Zakersalehi; Mehdi Rahmatifar
Volume 1, Issue 1 , October 2012, Pages 33-60
Abstract
Some of judicial authorities and courts of justice in big cities arestruggling with the phenomenon of brokerage and intermediary at thepresent time. It is the subject of the present study. In this article, theauthor suggests the synergic model of supply- demand for corruptjudicial services, to explain ...
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Some of judicial authorities and courts of justice in big cities arestruggling with the phenomenon of brokerage and intermediary at thepresent time. It is the subject of the present study. In this article, theauthor suggests the synergic model of supply- demand for corruptjudicial services, to explain this phenomenon theoretically. First, theliterature on judicial corruption is analyzed, and the policies andstrategies used by different countries to control and prevent theemergence of judicial corruption are introduced. Then, the nature ofbrokerage and intermediary in judicial authorities is discussed. Next,different aspects of the problem of lobbying are reviewed using thePenal Code on lobbying against law and legal regulations and thesame. Finally, after explaining different forms of related violationsand crimes, the necessity to codify a comprehensive code onpreventing and confronting this phenomenon is emphasized.
Hojjat Salimi Turkaman
Volume 1, Issue 1 , October 2012, Pages 61-96
Abstract
Nowadays, various subjects of international law, includingcriminalization of use of nuclear weapons, can be studied from twodifferent aspects. In the classic paradigm of international law based onWestphalian order and sovereignty–oriented approach and in light ofinternational court of justice(ICJ) ...
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Nowadays, various subjects of international law, includingcriminalization of use of nuclear weapons, can be studied from twodifferent aspects. In the classic paradigm of international law based onWestphalian order and sovereignty–oriented approach and in light ofinternational court of justice(ICJ) findings, mere employment ofnuclear weapons is not forbidden and nor is considered as aninternational crime. However it can be claimed that new paradigm iscoming up in international law. In This new paradigm based onhuman values, sovereignty can’t prevent emergence of a rule onbenefit of human rights crucially. Although survey of some subjectsfrom this aspect could lead to unacceptable result in comparison withthe last paradigm, it is the fact that everyone has to believe it late orsoon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogensand public order and contains three forming elements of internationalcrimes. Then, in contrast to the classic paradigm of international law,use of nuclear weapons can be considered as an international crime inthe new emerging paradigm.
Hossein Mir Mohammad Sadeghi; Rasoul Abed
Volume 1, Issue 1 , October 2012, Pages 97-120
Abstract
At the international level, like national level, there are certaincriminal behaviours which may pervert the right course of justice.Many ad hoc international courts have, in the course of their activities,faced the problem of how to deal with these offences. They usuallytried to justify their jurisdiction ...
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At the international level, like national level, there are certaincriminal behaviours which may pervert the right course of justice.Many ad hoc international courts have, in the course of their activities,faced the problem of how to deal with these offences. They usuallytried to justify their jurisdiction in triying these offences on the basisof the inherent jurisdiction they have in trying the core crimes, anapproach which has been criticized by many lawyers.Based on such an experience, Articles 70 and 71 of the Statute ofIntenational Criminal Court have been allocated to offences againstthe administration of justice, which will be discussed in this article. Inthe first part, a brief history of the subject is given. The seconf part isallocated to the study of the process leading to the aadoption ofArticles 70 and 71 and to the segestions given by states in this respect.In the final sections, offences against the administarion of criminaljustice, their trying and the corporation of the member states with theI.C.C in this regard has been discussed
Saeed Qomash
Volume 1, Issue 1 , October 2012, Pages 137-158
Abstract
Studying the discussions of political philosophy, the law andanalysis of criminal laws all show that the criminalization can happengenerally depending on the principle of harm and three views ofpatriarchy, morality, and perfectionism. In perfectionism it is believethat for moral promotion and the development ...
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Studying the discussions of political philosophy, the law andanalysis of criminal laws all show that the criminalization can happengenerally depending on the principle of harm and three views ofpatriarchy, morality, and perfectionism. In perfectionism it is believethat for moral promotion and the development of spiritual perfectionof man, using punishment is necessary. Since, today, humanitariandignity is accepted as a religious and human value, using punishmentfor promotion of moral personality is inconsistent with humanitariandignity. Therefore, humanitarian dignity can be considered as theprevention of developing criminalization
Gafar Koosha
Volume 1, Issue 1 , October 2012, Pages 159-180
Abstract
Crime of "trying to corruptly influence a judge, judges, a court or agovernment official to one side or the other" was passed by Iranianlegislature in 1315 solar. Although the crime is comparable withcrimes such as bribery and fraud; has got its own particular elementsas well as specific conditions and ...
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Crime of "trying to corruptly influence a judge, judges, a court or agovernment official to one side or the other" was passed by Iranianlegislature in 1315 solar. Although the crime is comparable withcrimes such as bribery and fraud; has got its own particular elementsas well as specific conditions and is defined as a specific crime. Thecrime is divided into two categories: Active influence and passivemanipulation. Active influence, with respect to perpetrator of crime, isdivided into two categories: The perpetrator could be an ordinaryperson or could be a lawyer. Active influence committed by anordinary person is conceivable in two modes: General influence andspecific influence which are regulated in Articles 1 and 2 of the saidlegislation
Behzad Razavifard
Volume 1, Issue 1 , October 2012, Pages 181-203
Abstract
Imprisonment fundamentally borninthe sphere of National criminallaw. In other word, for many years imprisonment has been viewed anddictated on the base of crime doings inside the borders of the NationStates. Imprisonment has been an excommunicating punishment thatits efficiency harshly criticized in ...
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Imprisonment fundamentally borninthe sphere of National criminallaw. In other word, for many years imprisonment has been viewed anddictated on the base of crime doings inside the borders of the NationStates. Imprisonment has been an excommunicating punishment thatits efficiency harshly criticized in many criminal law systems as a“school of repeating the crime”. But today malfunctions ofthispunishment has been reduced in many ways in the developedcountries by performing reformations in management of prisons, butacceptance of the efficiency of such punishment regarding theInternational crimes has been doubtful. Such a phenomenon can beanalyzed both with the punitive approach andutilitarian approach inpenology. But first of all, the main thing about efficacy of suchpunishment in the sphere of International crimes is suggesting andadopting a suitable degree of the punishment regarding the characterof International criminals. However, the success of such an importanttask depends on organization and establishment of an independentinstitution for administrating the affairs of an International prison. Anindependent institution with special task of International kind ofpunishment must be created and its strong structure must performintimidating,corrective andtreatmentativetasks appropriately. Only inthis way we can hope the great International criminals receiveanappropriate punishment and also potential criminals and guilty beprevented from doing crime
MORTEZA Tabib; Mohsen Akbari
Volume 1, Issue 1 , October 2012, Pages 121-136
Abstract
There are times when some of the heir qualities cause them to bedebarred from coming into their inheritance which are calledinheritance barriers. In spite of contradictions among the jurists ofIslamic faiths on the number of inheritance barriers, they alluniversally agree upon homicide as one. However, ...
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There are times when some of the heir qualities cause them to bedebarred from coming into their inheritance which are calledinheritance barriers. In spite of contradictions among the jurists ofIslamic faiths on the number of inheritance barriers, they alluniversally agree upon homicide as one. However, they have discordson the type of homicide and peculiar conditions. The aim here is toprecisely identify the inheritance barriers and relative reasoning in thisregard as well as surveying homicide as the only accepted barrier ofinheritance among Islamic faiths. The major consequences of thisresearch, then, are precise identification of inheritance barriers as wellas identify features of homicide as the barriers of inheritance inaddition to coming into this conclusion that a premeditated murder isnot always considered a barrier
