Ali Hussein Nadjafi Abrandabadi; Hussein Ayargar
Volume 2, Issue 6 , April 2014, Pages 9-37
Abstract
One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions ...
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One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions might lead to some law and criminologychallenges. The present researches have rarely paid attention to thechallenges of offenders supervision or merely referred to the concerns andproblems of one of the dimensions of supervision- by relying on foreignreference. Therefore, the present article seeks to express the most prominentchallenges on offender supervision and provides working procedure toremove them by aiming at taking benefit from statutes in Iran and relying onthe findings of a comparative study.Making the criminal justice practitioners aware of the findings and mostimportant practical challenges of supervision programs in other countriescan either lead to effective enactment of laws and designing a supervisionprogram on dangerous offenders or lead to reform the relevant laws. Theachievement of the present research is that the issue of supervisingdangerous offenders is facing with many failures and problems fromdifferent dimensions such as: conceptually; due to the lack of a clear borderbetween this concept and similar ones; on the definition; due to the lack of alegal criterion and evidence for crime and dangerous offender; and alsofrom the viewpoint of legality and execution. Hence, along with anexpression of the concept of supervision, suggesting the solutions for legaldefinition of crime and dangerous offenders and indication of supervisorytactics i.e. Register, Community Notification in order to improvementofficers’ role on dangerous offenders control is truly necessary.
Hasan Ali Moazen Zadehgan; Abbas Tadayon
Volume 2, Issue 6 , April 2014, Pages 39-67
Abstract
One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions ...
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One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions and circumstances of ruling on internal attitudes allow. Iranianand French legislators have also passed some laws regarding the specialbiological and physical conditions of women in the light of differential policywhich shows leniency toward the female criminals. In general, in Iranianand French criminal procedure, some different laws pro women and forprotection of them have been passed. However, absence of special protectivelaws especially on phase of police investigation and at the presence ofinvestigation authorities is evident in aforementioned law systems. What isobserved from the special cases of gender discrimination in trial system ofIran about the positive evidences and execution of the criminal sentencescan be removed through the wise legislative criminal policy, evolution injurisprudence, taking advantages from existing capacities in opinions ofjurists, enactment of special provisions in homogenization and balancingbetween rights of women and men about the determination of blood moneyof religious minorities and Muslims, modification of compulsive insurancelaw of civil liability of motor vehicles owners about necessity of samepayment of blood money of woman, and revocation of quality ofaforementioned instances.
Behzad Razavi fard
Volume 2, Issue 6 , April 2014, Pages 69-89
Abstract
International crimes such as genocide, crimes against humanity and etc. bring severe effects and disastrous consequences. Subsequently, these are also to the same degree reprehensible, and criminal reaction of states in the form of universal jurisdiction and also responses of the international community ...
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International crimes such as genocide, crimes against humanity and etc. bring severe effects and disastrous consequences. Subsequently, these are also to the same degree reprehensible, and criminal reaction of states in the form of universal jurisdiction and also responses of the international community in the form of international court with severe punishments are done. Hence, to deal with the question that whether it is possible to exacerbate the punishment of such crimes again in case of the aggravating circumstances or not, we are faced with some uncertainty. Although in terms of philosophy of punish and imposing the penalty, existence of these circumstances for these crimes are imaginable, these circumstances as well as criteria and the resulted intensification of these crimes have received little attention in the context of customary international law and international criminal law. Statute of the Ad hoc international criminal tribunals such as Nuremberg, Former Yugoslavia and Rwanda have no stipulation about these circumstances; however, jurisprudence of two latter tribunals as well as procedure and evidence of ICC discussed this topic relatively but not comprehensively. But still, this question and its criteria and instances, certainly will be one of the most important concerns of ICC jurisprudence in the future. In the meantime, some recognizable of these aggravating circumstances include: extent of brutality and violence in the act committed by international criminals, the social status of criminals, mental state and behavior of criminals after the crime.
Amir Hassan Niazpour
Volume 2, Issue 6 , April 2014, Pages 91-111
Abstract
AbstractCrime prevention is of the main strategy in criminal policy which hasbeen always paid attention for the purpose of controlling the criminalactivity. The significance of the strategy is so considerable that theprevention of crime has been officially recognized beyond the Acts ofparliament i.e. ...
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AbstractCrime prevention is of the main strategy in criminal policy which hasbeen always paid attention for the purpose of controlling the criminalactivity. The significance of the strategy is so considerable that theprevention of crime has been officially recognized beyond the Acts ofparliament i.e. constitutional law. This policy has led to provide the“Constitutionalization of crime prevention law".In law of Iran, this strategy stays with the specific status according to theCouncil of Experts in the form of several principles. In fact, the prevention ofcrime has received special attention through some principles ofconstitutional law which has made the institutes responsible to take theaction in the framework of policies revolving the crime prevention. Thisarticle attempts to examine the Constitutionalization of substantive law (A)and the Constitutionalization of procedural law (B) in the area of preventionof crime.
Muhamad Mehdi Saghian
Volume 2, Issue 6 , April 2014, Pages 113-136
Abstract
AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly ...
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AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly developed; the legislator has also taken his/herrights into his consideration from the first step of the criminal process (stageof the exposure of crime). Right to meet the lawyer and physician andpossibility of making call are considered as rights of accused in the stage ofguardian of peace intervention. Furthermore, right of accused in thepreliminary stage investigations in specific sense (i.e. at the presence ofinterrogator) has entirely developed. Giving the same opportunities to theparties has been one of the most important goals in the legislator’s point ofview in this code. Generally, these innovations can be regarded in twopivots: reinforcement of defensive rights (balance between public interestand interest of accused) and decrease of cases which damage the freedom.
Mojtaba Janipour; Masume Ladamekhi
Volume 2, Issue 6 , April 2014, Pages 137-164
Abstract
AbstractThe doctrine of common criminal activities is considered as an exampleof criminal liability in international criminal law. This concept wasdiscussed explicitly for the first time by the international appeal court ofYugoslavia (Tadic) in 1999. However, it had been emphasized for severaltimes by ...
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AbstractThe doctrine of common criminal activities is considered as an exampleof criminal liability in international criminal law. This concept wasdiscussed explicitly for the first time by the international appeal court ofYugoslavia (Tadic) in 1999. However, it had been emphasized for severaltimes by international jurisprudence. It was then utilized as one of the mostimportant and effective methods of suing by the mentioned court and otherspecial courts. According to this concept, members who form a common planare not only recognized responsible for the planed crime but also liable forall the crimes which are the normal and predictable consequences of thatagreement. Common activities and specially the third category of thesecategory which is called under the title of “broad common criminalactivities” and leads to the responsibility for the normal and predictableconsequences has been brought up as one of the controversial issues ininternational criminal law. This essay is going to examine and analyze thecommon criminal activities, triple classification of this concept, actus reusand mens rea of each category along with the emphasis on the third categoryof these activities and its criticism.
Seyed Mahmud Majidi
Volume 2, Issue 6 , April 2014, Pages 165-181
Abstract
According to the close relations between criminal issues and publicsecurity and order in one hand and different opinions in Islamic Law in themost of criminal matters on the other hand, adopting the proper approach bythe legislator has been greatly taken into consideration. Wise choice ofFatwa (religious ...
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According to the close relations between criminal issues and publicsecurity and order in one hand and different opinions in Islamic Law in themost of criminal matters on the other hand, adopting the proper approach bythe legislator has been greatly taken into consideration. Wise choice ofFatwa (religious doctrines) which provide public security in the provisionsof retaliation in the new penal code by the legislator is clearly visible andobvious. This essay tried to express some appearances of legislator’sapproach such as: criminalization of killing a person who is supposed to bekilled according to the law (deserving death), criminal protection of victimsof murder, acceptance of blood money by avenger of the blood without themurderer’s consent, developing the guarantees of debts to treasury forprevention of its misuse by criminals, criminalization of killing the murdererby avenger of the blood without the court permission, and the consideringthe killing by mistake in victim’s personality as murder. These aspects mayshow increase of importance of public security by the legislator. It alsoincreases the hope among the law scholars that preference of Islamic lawopinions providing the public security by legislator is accepted as a generalmethod which can be taken into account during the enactment of othercriminal provisions.
