mohammad faraji; Behzad Razavifard
Abstract
Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational ...
Read More
Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational criminal behavior being committed in a given region, their causes and solution would be a noticeable subject with decisive national and regional strategic implications. To this end, This article firstly conceptualizes regional crime and doing so explains characteristics of this crime through fluidity of the criminals and the pandemic criminal activities, and thus analyzes regional crimes with a etiologic and solution-finding point of view. This analysis with considering factors that exacerbate the aforementioned characteristics defines political, economic, social and penal models indicating structure of opportunity, constraint, and thus unbalanced control. Therefore, application of preventive strategies and reinforcement of transnational/regional penal capacity, with reduction of opportunity and increase in constraint, would result in control balance.
mohammad faraji; Behzad Razavifard
Abstract
It is possible to consider regional criminal law as the third domain of international criminal law beside two other domains including crimes with an exterior element and international crimes. European Union criminal law is the best example of a regional criminal law under which some organizations and ...
Read More
It is possible to consider regional criminal law as the third domain of international criminal law beside two other domains including crimes with an exterior element and international crimes. European Union criminal law is the best example of a regional criminal law under which some organizations and regulations are provided in the Union level. Doing so, pursuant to the creation of a criminal jurisdiction in a regional level, different institutional and normative mechanisms are realized in order to prevent and suppress the crimes. This article is to explain European arrest warrant, as one of those aforementioned mechanisms, that based on mutual confidence and judicialization of the extradition procedure make simpler the surrender of accused or convicted persons than one related to extradition. To do so, concerned acts are analyzed in order to explain juridical nature and procedure of this warrant and also to make clear its differences with extradition. Consequently, execution of European arrest warrant instead of extradition, regarding to expansion of transnational criminality and simpler circulation of individuals amongst countries, can better realize criminal justice.
Behzad Rzavifard; Marzyeh Dirbaz
Volume 1, Issue 3 , July 2013, , Pages 99-117
Abstract
The International Criminal Court (ICC), having the jurisdiction over themost serious crimes of concern to the international community, is establishedto end the impunity for the perpetrators of these crimes. ICC provisions havetaken different supports for victims into account. The Rome Statute, the rulesof ...
Read More
The International Criminal Court (ICC), having the jurisdiction over themost serious crimes of concern to the international community, is establishedto end the impunity for the perpetrators of these crimes. ICC provisions havetaken different supports for victims into account. The Rome Statute, the rulesof procedure and evidence, the regulations of the court, the staff regulations&the agreement on the privileges and the immunities of the internationalcriminal court are the documents that make clear the rights of victims in thejustice process. Rights such as participation in proceedings, benefit fromlegal representatives’ assistance, notification of criminal justice system, andsecurity are considered as legal protections. Victims’ rights, in ICCproceedings, will be explained& examined– in the light of ICC provisionsand with regard to available judicial procedure- in this study.
