General and exclusive criminal law
Ali Kakoo juybari; Rajab Goldoust juybari; Mahdi Esmaeli
Abstract
VThe importance of murder is understandable not only in terms of the amount of punishment provided for it, but also due to the determination of criminal liability in this type of crime which has been controversial. Therefore, it is possible to pay attention and impose punishment on the perpetrator of ...
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VThe importance of murder is understandable not only in terms of the amount of punishment provided for it, but also due to the determination of criminal liability in this type of crime which has been controversial. Therefore, it is possible to pay attention and impose punishment on the perpetrator of a crime if he has certain conditions and characteristics; This means that for the realization of criminal responsibility, the mere occurrence of material behavior is not enough; Rather, criminal behavior must be caused by a conventional, free and self-aware emotional state, and the issue becomes more controversial when the killer's motive for committing murder is to obtain pleasure and spiritual, physical and sexual satisfaction; If this acquisition of mental, physical and sexual pleasure leads to murder, along with harassment and violence, we will face a deviant criminal type that has another mental disorder, abuse or sadism; Serial killers, who usually kill their victims by torture and offend, can be considered as examples of sadistic killers, and in Iran, these kinds of murders are referred to as Sadistic Murder, which were no separate title in criminal law and In Iran, it can be considered under the rule of retribution, or else, it will be dealt with by the rules of punishment and atonement. Furthermore, it is noteworthy that one shall not ignore the pre-sadistic or metasadistic conditions or the conditions that expose people to become a sadist. Moreover, we shall underline the effects of metasadism in many crimes, including murder, factors such as heredity, individual and social failures, domestic violence in Childhood, social environment and such factors may lead a person to become sadistic. The study of the criminal type of such perpetrators who have criminal capacity and dangerous state will be of great help in the field of causes and treatment of this phenomenon; This requires that Other killers are annoying (sadistic killers) be studied from various dimensions so that we can formulate a disciplined system of criminal responsibility for them. A sadistic killer is neither mentally healthy nor without liability. The mental illness of a sadistic killer is mainly under the category of neurosis (neuros), in such a way that the person has full connection with external realities and his perception and will is in a situation that makes him responsible for his actions in terms of psychiatry and criminal law. If his/her illness reaches the level of psychosis and the person is cut off from the real world, the defense of madness can be applied. However, there are significant differences of opinion in the definition of insanity, the separation of total mental disorder from relative mental disorder, and the reference for the diagnosis of insanity. Historical research shows that the treatment of mental criminals by human societies has not been the same since the beginning of time and the reactions have changed according to the progress of human knowledge, but today in most countries of the world, regarding people with mental disorders, differential policy - Support is adopted. These legal protections for these people have caused some people to pretend to be crazy in order to get rid of the burden of criminal responsibility, so it is very important to determine the exact criteria in this matter. Iran's criminal law has had a protective approach towards these people from the beginning until now. In the latest legal developments in Iran's criminal law, Article 149 of the Islamic Penal Code approved in 1392 tried to resolve the flaws in Article 51 of the Islamic Penal Code approved in 1370, but the approach of this law towards people with relative mental disorders such as sadistic mental disorders is not clear. Certainly, mental disorders have a wide spectrum, some of which make a person irresponsible and some make a person relatively responsible. According to the criminal law of the Islamic Republic of Iran, a sadistic murderer has never been able to use the defense of her madness or mental illness and has been sentenced to the maximum legal punishment. In the present contribution, we consider whether the sadistic killer who committed the murder had any disorder or not and whether madness be invoked if a sadistic murderer is mentally disturbed? Sadism in murder is also examined from a medical and criminal law perspective.
Seyede saedeh Hosseini; Seyed Mahdi Seyyedzadeh sani; Abdolreza Javanjafari
Abstract
Helping at-risk people is one of the most important ethical norms that has always been emphasized as a vital factor in maintaining and strengthening solidarity in societies. But since the mere existence of a moral duty cannot be a requirement for individuals to engage in philanthropic behavior, it is ...
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Helping at-risk people is one of the most important ethical norms that has always been emphasized as a vital factor in maintaining and strengthening solidarity in societies. But since the mere existence of a moral duty cannot be a requirement for individuals to engage in philanthropic behavior, it is necessary for criminal policymakers to develop ethical behaviors in order to develop this culture and encourage individuals to adopt socially acceptable behaviors To this end the legislature of the Islamic Republic of Iran and many European countries have criminalized the non-intervention of people in emergency situations and have thus emphasized this moral value. However, in the American legal system with the exception of a few states, due to the overriding of individualistic values over ethical values, no statutory general duty to assist at-risk individuals has been foreseen, And criminal policymakers can only punish the special observer if there is a specific duty to prove the causal relationship between the abandonment of the act and the criminal outcome.
Masood Bassami
Abstract
Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is ...
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Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is a crime, but there is no consensus on what a criminal offence is. Some believe in theft, some in abuse of confidence, some in the transfer of property of others, and some in the acquisition of property through illegitimate means. On the other hand, some jurists believe that the illegal seizure of property is not a crime. The results of the present study indicate that the opinion of the second group is stronger and seizure of property is not a crime even if it is against the law.
Mohammad Reza Barzegar; Gholam Hussein Elham
Abstract
The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for ...
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The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for possible accidents. The present study seeks to investigate how, with current criminal laws, it is possible to resolve issues arising from injuries caused by self-driving car. In this paper, regardless of other factors, only the criminal liability of the car user has been addressed. The present paper proceeds with a descriptive-analytical approach and adapts the existing rules on the self-driving car. Examining the aspects of this issue, the current study concluded that basis for imposing liability on a user at zero, one and two levels is similar to that of ordinary cars, since ultimately the user is liable for any result generated from the combination of user's driving and driver assistance systems. The basis of liability at level three is user's omission. The self-driving car at level four is a combination of level three and five of self-driving cars and regarding the user's
hamid mohamadi
Abstract
The criminal responsibility will not be realized, unless under two circumstances: 1- having resolution power 2- having free will. Lacking one of these two circumstances is considered as a barrier for the criminal responsibility. Therefore, the resolution power and free will are two basic conditions of ...
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The criminal responsibility will not be realized, unless under two circumstances: 1- having resolution power 2- having free will. Lacking one of these two circumstances is considered as a barrier for the criminal responsibility. Therefore, the resolution power and free will are two basic conditions of the criminal responsibility. In Iranian criminal system, the criminal responsibility would be realized when a crime is committed the guilty is wise, mature and with full discretionary power. In Egyptian criminal system, it is presumed that punishment is personal. The Egyptian criminal system approved the criminal responsibility from other's action in 1945 and executed it. There is no clear definition and its scope isn't restricted. The criminal responsibility resulting from other's action is fully limited to the text of law in Iranian criminal system. The judicial process is practically unable to detect and create it. In addition to ensuring the public interests, the criminal responsibility resulting from other's action is both preventive and inhibitor. It also plays a constructive role in economy and protecting workers' right and capitalists. Based on what said, if it considered outside the law, it may cause harmful effects. Keywords: criminal responsibility, others' action, criminal system, criterion, Iran, Egypt
Nabiollah Gholami
Abstract
Bipolar Personality Disorder from the Viewpoint of the Criminal Liability Seyyed Mansour Mirsaeidi[1]– Nabiollah Gholami[2] (Received: 23/ 05/ 2017 - Accepted: 8/ 11/ 2016) Abstract From the view of Iran's criminal law, a person suffering from the mental disorder, ...
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Bipolar Personality Disorder from the Viewpoint of the Criminal Liability Seyyed Mansour Mirsaeidi[1]– Nabiollah Gholami[2] (Received: 23/ 05/ 2017 - Accepted: 8/ 11/ 2016) Abstract From the view of Iran's criminal law, a person suffering from the mental disorder, to be considered as insane, must lack the will and distinguishing power. This general principle is common in all mental disorders. However, determining how many mental disorders divest will and distinguishing power is not an easy job. A bipolar personality disorder is one of the mental disorders which is inflicted in many misconceptions and challenges from the view of determining criminal liability. In this paper, by investigating the criminal responsibility of patients suffering from the bipolar personality disorder, we conclude that this disorder cannot be a factor to eliminate criminal liability except for hududd crimes. However, in other crimes, it can be considered a factor to moderate the criminal liability. [1]. Assistant Professor in Criminal Law and Criminology, Allameh Tabataba’i University, Tehran. [2]. Ph.D. Student in Criminal Law and Criminology, Allameh Tabataba’i University, Tehran, (Corresponding Author): nabiollah.gholami@yahoo.com
mohammad hadi sadeghi; farzad tanhaee
Abstract
The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in ...
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The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in the general theory of crime and criminal responsibility has been challenged. In this article we have tried using legal sources and standards, while explaining the concept of the meaning of "freedom of choice", is distinguished it from other similar concepts and Unlike most concepts, the role of freewill and the decline in the wavering elements of crime be examined. The nature of freewill is an important issue that has received less attention in legal publications. Although the debate about the freewill and its role in human responsibility is as old as human life and to have multiple dimensions, in various sciences, including philosophy, theology, psychology, ethics and law is discussed.
mohsen sharifi
Abstract
It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the ...
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It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the Iranian criminal law development. However, there are some questions concerning the corporations' criminal liability under specific situations which must be answered by the lawmaker. The first question is that, whether this liability is exerted from registration date and the related arrangement or it is retrospective. The second question is that, what are the effects of breakup on a corporate liability? Is it regarded as the death of real persons which causes the extinction of criminal liability of legal persons during settlement? The third question is "what are the effects of merger and its various types (unilateral, bilateral or multi-lateral merger) on merging company's criminal liability, with regard to the scopes of special laws as well as the Fourth and Fifth Development Plan of the country, and the Trade Bill?
behzad razavifard; seyeed nemat alah mosavi
Abstract
Cyberspace or virtual environment is a concept which has been recently considered by criminologists and lawyers. Along with the creation of this environment, there are some crimes which are committed in the given environment; therefore, the legal fight against these crimes requires taking some significant ...
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Cyberspace or virtual environment is a concept which has been recently considered by criminologists and lawyers. Along with the creation of this environment, there are some crimes which are committed in the given environment; therefore, the legal fight against these crimes requires taking some significant steps. The first crime was criminal behavior. However, the criminalization without creation and proof of criminal liability is deemed to be almost pointless. Perhaps, it was on this basis that the legislator of the law in Iran has emphasized on the criminal liability of legal entities regarding the cybercrimes and explicitly targeted at the criminal liability of legal persons for the first time the legal system of Iran. However, the issue of criminal liability and explaining the scope of computer crime law has been of the great importance. Many questions may be raised about the extent of the responsibility of individuals in a virtual environment. Legislator of Iran has allocated the sixth season of the computer crimes law to the subject of criminal liability and the most important changes that have been made in the above-mentioned law is to identify and establish criminal liability for legal persons in the virtual environment. .
Abstract
Committing physical behavior is a prerequisite in realization of criminal liability in criminal law. So that nowadays the criminal thought is not a punishable crime in any legal systems of world. Therefore, the criminal responsibility will be created when a man passing by his criminal thought actually ...
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Committing physical behavior is a prerequisite in realization of criminal liability in criminal law. So that nowadays the criminal thought is not a punishable crime in any legal systems of world. Therefore, the criminal responsibility will be created when a man passing by his criminal thought actually do a behavior that the legislator has prohibited it. Nevertheless, it can not be inferred from this rule that committing a physical behavior is a sufficient condition for the realization of criminal liability. Although the former is essential for the later, but it is not enough and it is necessary that this behavior is done with a free will. Accordingly, when offender has no will in doing that behavior, no criminal liability will be fulfilled. This sentence will include simultaneously the strict liability crimes and the crimes needing a mental element. But the important point here should be regarded is detecting that whether the accused had committed the act voluntarily or not. In this article, we have tried ,with a philosophical analysis, to determine the necessary components of voluntary behavior in order to be recognized the involuntary one. It is important to distinguish involuntary behaviors just because it will make the offfender unpunished.
S. Darid Mousavi Mojab; Ali Rafizade
Abstract
The achievements of this paper show that although the legislature has taken a positive step to fill the gap of the Islamic Penal Code, it has not acted perfectly in identifying the criminal liability of legal entity. Articles revolving the issue in the new Islamic Penal Code are fully ambiguous and synopsis ...
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The achievements of this paper show that although the legislature has taken a positive step to fill the gap of the Islamic Penal Code, it has not acted perfectly in identifying the criminal liability of legal entity. Articles revolving the issue in the new Islamic Penal Code are fully ambiguous and synopsis which have led legal community to criticize and put the criminal courts in real trouble for making decisions. It is necessary that legislature take some action in order to solve the problem. Legislature has adopted the stricter theory regarding the identification of legal entity (including the legal entities of public law and legal entities of private law). These theories are theory of ‘respondent superior’ and ‘brain theory’. However, sentencing the legal entities to blood money is out of this rule and the first theory has been adopted.
