Mehrdad Rayejian Asli
Volume 2, Issue 4 , November 2013, Pages 9-32
Abstract
Acid Throwing attack is a terrible violent crime against the person whichis not properly analyzed in criminal law, nor in criminology. Globalstatistics, if they are not of concern to international community, affirm thenecessity of finding a solution for this problem. One of the most importantaspects ...
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Acid Throwing attack is a terrible violent crime against the person whichis not properly analyzed in criminal law, nor in criminology. Globalstatistics, if they are not of concern to international community, affirm thenecessity of finding a solution for this problem. One of the most importantaspects to explore the phenomenon is the issue of acid violence victimswhich requires a special consideration in theory and practice. Meanwhile,Ameneh Bahrami Navaa Case has significant points from the victimologicalperspective. The case shows that the Iranian society, as well as its legalsystem, face serious defects to protect victims of acid violence. Thenecessity of remedy of moral damage, providing and imposing proportionatepenalties, prevention of acid throwing attacks and control of its increasingrate all are of issues which have a need of consideration.
Hossein Gholami; omid Rostami Ghazani
Volume 2, Issue 4 , November 2013, Pages 33-64
Abstract
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions ...
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Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions in relation to developments in contemporary legal thoughts such asrestorative justice. This essay seeks to explain the concept of restorativejustice and its context in the trials of international crimes. It also seeks toexplain the Statute of ICC from the view of its proceedings and decisions byinspiration of “purist model” and “maximalist model “approaches about therestorative justice. The aim is to find the characters defined for restorativejustice in ICC, and explain the contexts of the restorative justice.
Gholamhasan Kooshki
Volume 2, Issue 4 , November 2013, Pages 65-86
Abstract
Nowadays, the participation of non-governmental organizations are considered as a one of a good elements of the governance from the economic, social and cultural points of view. The mentioned participation in legal system can play a prominent role in the efficiency and public confidence. The new criminal ...
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Nowadays, the participation of non-governmental organizations are considered as a one of a good elements of the governance from the economic, social and cultural points of view. The mentioned participation in legal system can play a prominent role in the efficiency and public confidence. The new criminal procedure law aiming at operationalizing the above objectives, has officially recognized the Pursuing the Public Action in a special category of crimes by these organizations. Although the position of these organizations has been cited in the text of law as a “crime reporter”, extensive authorities such as presenting an evidence and protesting to an award which was made have been granted to them. In fact, the law -due to discretionary spending in this arearefused to name them as a “plaintiff ". Probably, due to the predicted authority, the law considered an "intermediate" role between plaintiff and crime reporter. In some cases in which a crime has a specific victim, the consent of victim or his/her legal guardian is necessary and required. The matter which has been neglected in the law is the mechanism of supervision for the activities of these organizations. I hope it becomes possible to clarify the failures of this law by its implementation and then take the better step under the light of the experiences.
Abolhasan shakeri; Mandana Rastegari
Volume 2, Issue 4 , November 2013, Pages 87-106
Abstract
Abstract The legislator criminalized the invitation to suicide by enacting the cybercrimes Act 1388. According to this Act, if the invitation to suicide is considered as a crime, it shall be exclusively committed via computer systems, communication systems and data carriers. The way of committing this ...
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Abstract The legislator criminalized the invitation to suicide by enacting the cybercrimes Act 1388. According to this Act, if the invitation to suicide is considered as a crime, it shall be exclusively committed via computer systems, communication systems and data carriers. The way of committing this crime is not important, not restricted and it does not matter whether suicide is committed in the way that caller prefers or not. The invitation to suicide is not bounded to consequence although the specific intent including special intent of invitation to suicide, is essential for committing the crime. If suicide pact includes invitation to suicide by computer and communication systems and data carriers, it will be considered as a crime. Invitation under the condition is also considered as an invitation to suicide and it should also be noted that disregarding the invitation by caller does not invalidate the crime.
Gholam Hossein Elham; Hossein Goldouzian
Volume 2, Issue 4 , November 2013, Pages 107-135
Abstract
Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug ...
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Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug according to the rule of The Most Important which is provided in penal code (Article 158, section B), police officersresort sting operation. These sort of measures, sometimes lead to commit a crime by a citizen instead of arresting a professional criminal and entrapment comes to existence. To achieve the entrapment, incitement must be done by the police officers and it must be done in the way that might be able to influence any common citizens.
Lamia Rostami Taberizi; Mohammad Kazem Zare
Volume 2, Issue 4 , November 2013, Pages 137-165
Abstract
Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public ...
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Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public disclosure of conviction has been analyzed from the criminal philosophy perspective. In general, the philosophy of criminal sanction can be divided into consequentialist and non-consequentialist philosophies. Consequentialist philosophy with the element of deep insight into the issue usually intends to acquire some utilities as a result of punishments while non-consequentialist philosophy usually wants to put the blame on the guilty. As the background of public disclosure of conviction is an old promulgating punishment, and has merely been modernized as a shaming method, this criminal sanction conforms with non-consequentialist philosophy more than consequentialist philosophy and would not rejoice in securing consequentialist philosophy. The above- mentioned fact can be regarded as an encouragement for the Iranian legislator to abandon or at least limit this sanction.
Sayed Mansoor Mirsaeidi; Mahmoud Zamani
Volume 2, Issue 4 , November 2013, Pages 167-199
Abstract
Abstract Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it ...
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Abstract Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it causes providing the definition, restricting the true sense of the word and consequently limiting the legislature's reaction and difficulty in achieving prevention goals. Therefore, explaining the criteria can be useful instead of defining. This essay seeks to view the criminological and economic criteria; according to the former, the motivation and the atmosphere in which crime was committed of economic might assist to recognize the economic crime. And according to the latter, disruption of macroeconomic policies (monetary, fiscal and income) and operating companies and businesses, the production, distribution and consumption will show the another side of economic crime’s face. Thus, it is possible to take a step toward the identifying the economic crime, under the light economic criteria and considering the criminological criteria.
