Rahman peyvast; Mahdi Sheidaeian; Mohammad Salehy
Abstract
In this article, we tried to explain the criminal status of the prosecutor by using. documents and library methods and in a descriptive analytical way, using international ·documents and requirements, and the existing gaps and defects should be announced a long with the suggested solutions.The ...
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In this article, we tried to explain the criminal status of the prosecutor by using. documents and library methods and in a descriptive analytical way, using international ·documents and requirements, and the existing gaps and defects should be announced a long with the suggested solutions.The findings of the current research indicate. that according to the Principles of fair proceeding, the role of the prosecutor is very. important, however, despite the huge. change in the new criminal policy regarding the position of the prosecutor's office and ・the reduction of prosecutors Powers in order to protect the defendant's defense rights and human rights standards, our legislator hasremained far away from this development,And in many cases, it has violated the Priniciple of reasoning of the judicial authorities and in some cases It has placed the investigator in the judgment of the Prosecutor's officer.Therefore, the Weakness of its enforcement grounds, which will Pess result in the abandonment of the ruling contained in some legal articles, is inevitable.
Mehdi Jaliliyan; Ahmad Haji Dehabadi; Mohammad Ebrahim Shams Nateri; Mahdi Sheidaeian
Abstract
The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements ...
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The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements over the subject of whether men are the owners of their organs or not. The resulted approach is that Islamic viewpoint, contrary to western ideologies which are humanistic, does not completely accept self-ownership. From the viewpoint of Islamic jurisprudence, freedom of men and their dominance on their body is an axiom but cannot expose them to unreasonable harm. From the standpoint of western legal theory, the proponents of self-ownership believe men are the owners of their organs and thus maintain that this law faces some limitations in the framework of natural law. Moreover, they hold that criminalization of unreasonable harm to self is not to be justified. In contrast, those who believe in the moral patriarchal theory object to self-ownership and justify the criminalization of such conducts. The present article analyzes the afore-mentioned standpoints through a descriptive method and then compares unreasonable cosmetic surgery in the criminal law of Iran with those of England andؤ
Abdulmalek Vahidi; Mahdi Sheidaeian; mahmood merkhalili
Abstract
The failure of purely governmental responses to criminal phenomena and the increase in criminal inflation have necessitated a focus on participatory criminal policy. A policy that can provide organized responses to criminal phenomena with the participation of people and civil society organizations. In ...
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The failure of purely governmental responses to criminal phenomena and the increase in criminal inflation have necessitated a focus on participatory criminal policy. A policy that can provide organized responses to criminal phenomena with the participation of people and civil society organizations. In order to achieve these principles, the present study has raised issues such as the institutionalization of social responsibility, the necessity of government alignment with the people, the efficiency of collective participation in prevention, the duty of the government to adopt the best practices and the necessity of developing the province of faith.In order to understand the Qur'anic instances of this policy, he has spoken of the good and forbidding the evil, the correction of the essence, the salutation, and the co-operation in goodness, and has come to the conclusion that participatory criminal policy is not only fundamentally problematic, but also manifestations and instances. Much of it is found in Qur'anic verses related to the above concepts.According to the Qur'anic verses, not only is the participation of the people and the public institutions in the fight against criminal phenomena justified, but the government and government officials are also obliged to accept and foster such participation.
Mahdi Sheidaeian; seyed jafar eshaghi; Zahra Rajaei
Abstract
The right to be free from torture is known as an inalienable right. In article 38 of our Constitution, it has been declared absolutely forbidden. Hence, struggling against torture is of meritorious legal and cultural status. Amid non-suppressive methods, the situational prevention is known as an applicable ...
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The right to be free from torture is known as an inalienable right. In article 38 of our Constitution, it has been declared absolutely forbidden. Hence, struggling against torture is of meritorious legal and cultural status. Amid non-suppressive methods, the situational prevention is known as an applicable approach with visible returns. Due to these features, this paper, based on accepting the possibility of exercising the situational prevention on torture crime, deals with recognizing effective situational preventive contrivances in decreasing this crime; contrivances like: contrivance for increasing hardship in committing crimes like immediate access of defendant to judiciary officials, contrivance for omitting justifiers like decreasing the demonstrating value of confession, contrivance for decreasing benefits ensued from crimes like nullifying the information ensued from torture, contrivance for increasing the risk of committing crime like supporting the presence of lawyers in the early processes of judgment and video surveillance during investigation process. In this text we have shown that the best place to predict these contrivances is Code of Criminal Procedure and accordingly recently enacted Iranian Code of Criminal Procedure is examined from this perspective and meanwhile embossing the innovations of this area, we have pointed out some of the removable shortcomings.
