Code of Criminal Procedure
Hadi Rostami
Abstract
The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social ...
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The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social chaos, which is caused by the protests of a number of citizens against some policies. One of the most important factors of inception of such movement is the expansion of criminal law and maximum interference in people's freedoms and maintenance of political ideology. The Gap between the official norms and accepted values by citizens and insistence of the government to retain the norms via criminal protection of them gradually leads to social crises and civil disobedience. Conservatism, retrogression, standing against social and cultural changes, maintaining the status quo, refraining from fundamental reforms in political and social structures, have no result other than "crisis" and inevitably puts the citizens or a large part of them against the government. One simple solution to quell crisis is to declare the state of emergency and expand powers of the security forces and judicial authorities to arrest, prosecute and adjudicate the cases of protestors rapidly and secretly. The networks of control and supervision on citizens and the power and freedom of action of the police in this situation will be expanded and the logic of confrontation and repression are applied at high level. Due to the crowding of criminal cases in the judicial system as a result of these policies the rules of proceedings and some defense rights are ignored, including the right to have lawyer or the right to public trial, and prompt measures are taken into account due to the government's need to deal quickly and decisively. In such circumstances the guiding principles, especially the presumption and the principle of neutrality, and the government justifies its actions by claiming to maintain order and security of citizens. Summoning and arresting political dissidents without complying with legal frameworks and creating restrictions in cyberspace through filtering social networks and preventing the free flow of information are part of the strategies to deal with the crisis. When the political and social conditions are in an emergency, the fair criminal procedure inevitably collapses, and "extraordinary criminal procedure" prevails, which does not pay attention to the conventional and well-known rules of procedure and is often the product of the will of the political authorities and are dictated in the form of "judicial circulars". Thus, circulars have priority over the law. In this approach, the presumption of guilt is used instead of the principle of innocence, and the accused is treated as a criminal or a convict.The collapse of fair procedures is caused by factors that are mainly related to public strategies and macro policies. Incorrect policies or making wrong decisions regarding some social events and phenomena, legislation without paying attention to the basic needs of the people and ignorance of the political dissidents inevitably aggregate protests and social uprisings. Criminal policies based on arbitrary and baseless criminalization and merely based upon defending and protecting ideology, expanding criminal laws and maximum interference in people's freedoms, as well as the lack of transparency in statutes have unpleasant consequences in long term, and provide confrontation between citizens and policy makers.The substantive and procedural rules on security in the Iranian criminal law indicate that criminal policy makers have ignored some fundamental rights such as the right to choose a lawyer. In addition, following the expansion of the jurisdiction of special courts, which sometimes originates from circular, as well as the increase of the powers of judicial authorities and military forces, they have provided a legal basis for threatening the rights of individuals and the collapse of fair procedures. Holding secret and non-public trails and preventing the communication of court’s decisions are part of these challenges. Adjusting the criminalization and decriminalization of acts that are contrary to the values of citizens or a significant part of them, reforming public policies and avoiding criminal actions that create tension, and saving the criminal justice system from criminal inflation, and most importantly, paying attention to the phenomenon of "generational change" and normative gaps and ideology might be some solutions to prevent the collapse of fair criminal procedure. The Recognition of protests, changing policies and decriminalizing behaviors that have only an ideological aspect, removal of rights-threatening processes, accountability and prescribing discourse instead of criminal threats can prevent the criminal process from collapse.
Code of Criminal Procedure
Anahita Seifi; jabrail nozohour
Abstract
Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals ...
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Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.
Criminal law and criminology
Seyed Ebrahim Mousavi; Behzad Razavi fard; Hossein Gholami
Abstract
Water is a natural resource in constant movement through the hydrological cycle, and for this reason, understanding the law in this area is difficult and faces inadequacies. Water law, as one of the nascent fields of law, tries to organize social phenomena in a way that covers social rights in addition ...
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Water is a natural resource in constant movement through the hydrological cycle, and for this reason, understanding the law in this area is difficult and faces inadequacies. Water law, as one of the nascent fields of law, tries to organize social phenomena in a way that covers social rights in addition to respecting individual rights. What is certain is that water resource management cannot provide the necessary platform for crisis control without solving existing legal challenges. Governments have spent a long time to integrate this natural resource with legal requirements and regulations. Recently, the unitary and universal nature of water has received attention. In Iranian law, the cooperative and executive criminal policy in the field of water resources protection faces challenges. Therefore, despite the problems related to water shortage, the necessary capacity for accountability should be created and the level of executive and operational management should be improved from a legal point of view, and finally, a coherent and integrated criminal policy of water resources should be institutionalized with the support of various discussion platforms. In France, the water law was adopted on December 30, 2006, incorporating the principles confirmed in the 1992 law. The findings of the research indicate that the legal requirements for the protection of resources in France are quite complex and difficult to access, because the criminal policy and the law governing the protection and management of water are scattered in several articles, laws, decrees, etc. But in the field of structural requirements of executive and cooperative institutions, there have been some improvements. Although these developments are influenced by EU law, the requirements and legal framework of this vital resource pay more attention to its natural cycle, ecological reality, natural environments and water environments than criminal measures and official reactions.
Gholamreza Esmaeeli azar; Baqer Shamlou; Keyoumars Kalantary
Abstract
In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in ...
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In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in the context of social conditions, in this study, in an interdisciplinary study between criminology and strategic sciences with a "descriptive-analytical" method and using the criterion of modern social classification, we seek to divide Present a new classification of crimes in accordance with the complex conditions mentioned above. According to the achievements of this study, unlike the major classification system, inspired by the model of "community management system in modern perception" as well as strategic science data, crimes in three new levels: 1- Strategic or imaginary-paradigm crimes ; 2- We have classified tactological or managerial crimes and 3- technological or individual and technological crimes. In this regard, contrary to the common perception in the alloying of crimes into Micro and Macro crimes, this research in the new alloy, crimes in four layers Nano, Micro, Macro And Super is divided according to the two criteria of Sibel or the target environment of the crime and on the other hand the damages. Finally, by combining the above topics, in a matrix structure, a new classification of crimes in the form of a doctrine can be achieved, which in this research is referred to as "crime Rating ".
Valiollah Sadeghi; Hasan Moradi
Abstract
From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases ...
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From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases and regulations issued in the past year, especially the approvals of the National Corona Headquarters. In this criminal policy, on the one hand, various health-action measures are implemented to prevent the transmission of Quaid-19 virus, and on the other hand, in response to the violation of these measures, classic and modern criminalization / minor offence have been imposed. Minimal criminal intervention, Status-oriented, Colorful responses, Gradual punitiveness and intolerance in some matters have been features of the preventive criminal policy against Corona. Therefore, the body of criminal policy governing this virus is a combination of criminalization and irregular responses, which has led to the creation of a special justice system within the criminal justice system. It seems that the developing tendency of the mentioned headquarters towards criminal policy based on situational prevention and contentment with fines and deprivation of violators has led to neglect of the etiology of non-compliance and insufficient attention to social preventive measures. It seems that with the prolongation of its prevalence in the country and the decrease in the value of official norms, it may lead to an increase in the number of violations.
Jahanbakhsh Harati; Mehrdad Rayejian asli
Abstract
Determination of lifestyle is a natural right of every person, but absolute freedom in how to live causes the norms to be broken and the values of society to be trampled on. In liberal societies, too, such a choice is a fundamental right of individuals and a natural right; Of course, as long as it does ...
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Determination of lifestyle is a natural right of every person, but absolute freedom in how to live causes the norms to be broken and the values of society to be trampled on. In liberal societies, too, such a choice is a fundamental right of individuals and a natural right; Of course, as long as it does not lead to violation of the rights of others or disturbance of order. Otherwise, the government justifies its interference in the freedoms of individuals on the principle of harm. In other non-liberal societies, the government severely restricts freedom of choice of lifestyle and deprives the right to “how to live” Ideologically. This expansion and contraction in choice are influenced by different criminal policy strategies. The result of this descriptive-analytical research is that what can be desirable in today's open and pluralistic societies and in order to protect and guarantee the rights and freedoms of individuals, is the existence of a criminal policy with a minimalist and regressive strategy. It is only in light of such a strategy that “social justice” is established, and all individuals find a constructive presence in various areas of social life.
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.
Majid Ghurchibeigi; Mohammad Reza Rezaeian Koochi
Abstract
Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in ...
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Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in some legal systems, including the Iranian criminal system, the legislature has scattered support for victims and does not pay special attention to the victims of hateful behaviors. Therefore, based on the context of victim-oriented penal policy, what is the place of supporting hate crime victims in penal policy? This challenge can be analyzed in terms of the requirements of criminal policy, including appropriate legislation, victim-oriented support mechanisms, and participatory victim-centered approaches. This paper confirms supporting hate crime victims in the form of aggravated and discriminatory criminal support based on analyzing the dimensions of victimization and requirements of the victim-oriented penal policy. In this regard, the creation of differentiated support mechanisms for victims of hate crimes based on a participatory support system is emphasized.
mohammadali hajidehabadi; ehsan salimi
Abstract
A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure ...
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A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure to meet the goals of punishment, but leads to undesirable and adverse effects on the perpetrator. Determining the appropriate punishment and the optimum level of efficiency, is very complex issue and requires attention to many components. The present article, which Seeks to the identify purposeful penalization model, insists that the legislator must, in each crime, before any other issues should determine his "Main purpose" and choose the type of punishment according to that goal, and avoid from totalitarianism for acquisition of opposite objectives. Regarding the amount of punishment, the legislators should also consider the ease and advantages of committing a crime, the dark figure of crime, the commonness of crime and the relationship of crimes with each other, while at the same time, in line with the principle of individualizing punishment and increasing the positive effect of punishment, The judge must give more authority to determine the amount of punishment.
fateme ghanad; masuod akbari
Abstract
In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based ...
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In responding to criminal phenomena, the criminal policy takes principles and
methods by which its general prospects would be revealed. Nowadays, we face
with increasing rate of crimes which violate security and welfare of the citizens
leading to change criminal policy’s strategy from offender-based towards crimebased
in order to provide the security in a way that fundamental principles of
criminalization, criminal liability, and sentencing are changed and bears a
differential interpretations. Supposing the offenders as an enemy, it creates a
hostile-oriented criminal law and due to the globalization of crimes and gross
violation of national and international security, it seeks uttermost security.
Stressing on extreme slogans of providing security for citizens, it seems that
criminal policy has encountered a kind of crisis in the context of humanitarian
law and failed to achieve its goals. Whether the security-oriented criminal policy
can reach the goals in spite of the existence of serious challenges or not is a
matter of concern in this article.
Jamshid Gholamlo
Volume 1, Issue 3 , July 2013, , Pages 163-185
Abstract
Serial murder is definitely a crime in the criminal law. According toIran’s Penal Code, it is considered as a multiple murder under a retaliation,blood money and discretionary punishments. In criminal responses against it,the criminal justice systems have different sanctions while dealing with ...
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Serial murder is definitely a crime in the criminal law. According toIran’s Penal Code, it is considered as a multiple murder under a retaliation,blood money and discretionary punishments. In criminal responses against it,the criminal justice systems have different sanctions while dealing with it.Serial killers are not psychologically healthy while bearing criminalresponsibility. However, the extent of their mental disease (psychosis) willinvoke insanity defense. In Iran, serial killers never manage to use theinsanity defense; therefore, they have always been sentenced to themaximum penalty of the law. The same procedure – except in rare cases –occurs in other countries. In fact, in serial murder, due to the type and theseverity of the offenses committed and caused by the widespread fear anddeath in the community, a stricter criminal policy has always been adoptedtoward a serial killer.
Amir Hossein Sahnzai
Volume 1, Issue 2 , January 2013, , Pages 15-40
Abstract
This paper wants to explain in detail the conception of hadith"Darolhad" and its very important consequences regarding the.Islamic criminal policy as a primary and secondary rule. No doubtthat cognition of a subject is very effective to understand it. Inother words, certifying subjects that include the ...
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This paper wants to explain in detail the conception of hadith"Darolhad" and its very important consequences regarding the.Islamic criminal policy as a primary and secondary rule. No doubtthat cognition of a subject is very effective to understand it. Inother words, certifying subjects that include the arbitration of mindabout other subjects will be clarified after stating the meanings andexplanations.This holy Hadith is textually imperative and since it ispractically famous, it is possible to compensate the sendingweakness by having the conception of hadith cOlmected to theIslam criminal policy.
