mohammad haddadzadeh; mohammad hhabibzadeh; mohammad faragiha
Abstract
Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become ...
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Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become a serious support to protect the execution resorting to its preventive function. Analyzing the drug offenders’ decision procedure is necessary to evaluate this claim and to emphasize or reject the deterrence of execution. Indeed , in drug offences in Iran, confidence in some conditions such as logic calculations and standard percentage of committed offences , the offenders’ knowledge about the benefits and risks of the crime, possibility of voluntary decision making and selection of the type and weight of the materials. While, analysis the present situation and referring to the judges’ evidences and experiences indicate that for some reasons such as the chained structure of smuggle in the country and conditions of the south-eastern regions and the characteristics of the accused, this confidence is not present
Nabiollah Gholami
Abstract
Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the ...
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Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the national and international level. The criminalization of such deed in the statute of International Criminal Court (1998) as one of the examples of war crimes is an indicator of the depth of concern of international community about the given crime. Convention against taking a hostage (1979), as the most important document tailored for this crime, has obliged the member countries to impose criminal sanctions for the perpetrators of this crime. According to the Iranian legal system, in spite of the adoption of this Convention in the Parliament, certain criminal sanctions for the perpetrators of this crime have not been established. Hence, in the cases of committing this crime, there is not a same procedure in order to determine the punishment for its perpetrators. In this paper, reviewing the Convention and other international documents and related provisions in Iran, determining the constitutive elements of this crime, the penalties applicable in the case have been investigated.
