Maryam Ahmadinejad
Volume 1, Issue 1 , October 2012, , Pages 1-32
Abstract
The oldest topics in international law are the deportation andextradition. After raised the new issues of human rights in the field ofinternational law and to transform human statusininternationalrelations inpractice the issue ofdeportationand extradition aresometimes in conflict with European human ...
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The oldest topics in international law are the deportation andextradition. After raised the new issues of human rights in the field ofinternational law and to transform human statusininternationalrelations inpractice the issue ofdeportationand extradition aresometimes in conflict with European human rights concepteuropeancourt ofhuman rightsasalegal element of the europeanconventiononhuman rightsinitspractice tojudge the votesabout thesomeoftheseconflicts. Based on, thepresent article influence of humanrightsstatedin theEuropean conventionof human rightson theissueofdeportationandextradition in the practice of the statesparties totheconvention has been studied according to theEuropean court ofhumanrightsvotes
Ebrahim Taghizade; Mohammad Ali Taheri; Alireza Emamdadi
Volume 1, Issue 2 , January 2013, , Pages 1-14
Abstract
Spread of AIDS illness in recent years and impossibility of curefor it, causing the infection and transmission of this illness; can bea doer for commitment of crime. Crimes that commits astransmission of AIDS virus, are different as for them from taxes. Iftransmission of this virus, causes the death ...
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Spread of AIDS illness in recent years and impossibility of curefor it, causing the infection and transmission of this illness; can bea doer for commitment of crime. Crimes that commits astransmission of AIDS virus, are different as for them from taxes. Iftransmission of this virus, causes the death of a victim, the action oftransformer may be a murder, quasi intentional murder or homicideby pure as for his intention.On the other hand, because the hurts and damages duetransmission of li:rV detects after duration the partly long period oftime, it is advisable to criminalize the action of transmission of thisdeadly illness separately.
Hossein gholami; hasanali moazenzadegan; Davood doagooyan; Davood Asadi
Abstract
Basis and Purpose: today's the executive arm of the state police to restore order in society is considered. So good or bad police behavior can be a symbol of good and bad governance in society. Accordingly, in recent years the approach of the police in due process and prohibiting the use of violence ...
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Basis and Purpose: today's the executive arm of the state police to restore order in society is considered. So good or bad police behavior can be a symbol of good and bad governance in society. Accordingly, in recent years the approach of the police in due process and prohibiting the use of violence and to benefit from scientific methods is located. However, some officers in dealing with those accused of acts of violence are factors that contribute to the risk of violence into three categories: individual, within and outside the organization are divided. The purpose of this article enumerating factors affecting police violence and ways to prevent it. Methods: This type of research has an applied and descriptive method. The populations of 1200 people were selected from two groups of workers and intellectuals. The number of samples using a sample of 270 people and a systematic random sampling method. Found: The most important findings from the data analysis indicates that the difference between two groups was significant with 99% of employees and educators Organizational and internal factors of violence, judicial officials expect the police to quickly discover the crime in the first place, Disrespectful and insulting police during arrest and interrogation of the accused in second place and waiting for the police to discover fast mass media are ranked third in importance. Conclusion: The results of data analysis show In general, both factors external to the 58.8 percent in the likelihood of violence are effective.
Criminal law and criminology
jafar nezamolmolki
Abstract
aimMany articles have been written for analysis and disambiguition of Article 286 of Islamic Punishment Law; Nevertheless, based on lack of comprehensive analysis of ambiguities and defects and also lack of single study, consisting interpretative and implicative appropriate solution as to ...
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aimMany articles have been written for analysis and disambiguition of Article 286 of Islamic Punishment Law; Nevertheless, based on lack of comprehensive analysis of ambiguities and defects and also lack of single study, consisting interpretative and implicative appropriate solution as to the ambiguities and reformative solutions for the defects, a new and comprehensive study is necessary; which in it, While avoiding repetitive content, by studying the jurisprudential and Quranic history of Ifsad fi al-Arth and considering the principles governing criminal law and the principles of Islamic criminal jurisprudence, as well as the executive aspects of the law, take action for the comprehensive and coherent analysis and pathology of ambiguity and defects in the article take action; In such a way that, the appropriate interpretative and effective solution for the existing situation as to the ambiguities and appropriate model to amend the law in relation to the defects of the law will be presented. MethodolgyIn this article, based on library collection method and descriptive-analytical approach, In the first place we analyze and determinate concept and scope of Ifsad fi al-Arth, while comparing it with concept of Moharebah; Then, Article 286 of Islamic Punishment Law has been analysed, considering different doctorine on it. For this purpose, after analyzing ambiguities of the article, we study it’s defects. in the meantime we suggest effective and efficient solutions for the article, while interpreting and analyzing it. Findings Besides positive revolutions of article 286 of Islamic Punishment Law ,i.e independence of Ifsad fi al-Arth from Moharebah, limiting of Ifsad fi al-Arth to crimes with large effects, by determining special conditions for it, and ultimately public aspects of these crimes, ambiguity in concept and scope of Ifsad fi al-Arth compared with concept of Moharebah, relation of this article with The Law of Punishing Disruptors in the Economic System of the Country and it’s relation with other acts, considering its note, are ambiguities of this article; Also, generalizing title of Ifsad fi al-Arth to committed crimes in different fields, the same punishment for accessory and Perpetration and absense of distinction between concept and scope of accessory and captaincy are defects of mentioned article. Innovation 1-In respect of ambiguity at concept and scope of Ifsad fi al-Arth crimes, due to it’s relation with Moharebah crime, it seems that conceptual relationship between Ifsad fi al-Arth and Moharebah is absolute generality and peculiarity.2- In respect of ambiguity at relation of article 286 of Islamic Punishment Law with The Law of Punishing Disruptors in the Economic System of the Country, based on the revolutions, in relation major disruption crimes which are considered Ifsad fi al-Arth , article 286 is governed on The Law of Punishing Disruptors in the Economic System of the Country.3- In respect of ambiguity at note of article 286 of Islamic Punishment Law and it’s relationship with other penal codes, based on study of different status as to article 286, we prove that desired status, i.e conducts which are neither crimes in other penal codes nor Ifsad fi al-Arth criminalized in article 286, to be included in the note, are impossible and unjustifiable.4- In respect of large scope of Ifsad fi al-Arth in article 286, which include crimes in different fields, as a defect, the best method for reforming the article is that to whether we consider it as a supplementary regulation, for definition without criminalizing, as to other penal codes, which criminalized Ifsad fi al-Arth but not defining it, or if legislator intend to criminalize Ifsad fi al-Arth, while abolishing all of the penal codes in this field, pass a comprehensive penal regulation on it.5- In respect of the same punishment for accessory and captaincy and lack of conceptual and punishment distinction of them, interpretative solution is clearly in conflict with express provision of this article and cannot solve this obvious defects. So it is necessary to amend the law. conclusionBased on results of this research Ifsad fi al-Arth includes Moharebah and other crimes. Article 286 of Islamic Punishment Law governed to The Law of Punishing Disruptors in the Economic System of the Country and has considered some new characters and conditions for disruption in the Economic System of the Country. The assumption which note of article 286 is based on, i.e. some of criminal actions, which are neither a crime subject to other acts and nor Ifsad fi al-Arth in this article, is neither justifiable nor desirable and in result the note is redundant. Modification of article 286 as a supplementary regulation for other instance of Ifsad fi al-Arth, or comprehensive regulation with abolishment of former regulations in this field and also it’s modification as to considering different and suitable punishment for deputy of crime and perpetrator of it and finally distinction concept and scope of accessory and captaincy are necessary
Abdoulali Tavajohi; Ali Dehghani
Volume 1, Issue 3 , July 2013, , Pages 7-34
Abstract
Providing security has been the first aim of the governments— eitherauthoritarian or democratic. Nevertheless, security is such an interpretableword that it sometimes results in different kinds of misinterpretations.Securing this vital element in society needs to be dealt with as a whole andkeep ...
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Providing security has been the first aim of the governments— eitherauthoritarian or democratic. Nevertheless, security is such an interpretableword that it sometimes results in different kinds of misinterpretations.Securing this vital element in society needs to be dealt with as a whole andkeep the government approach away. In the absence of this view, themeaning of security will be assumed as a state security and every action suchas ignoring the fair trial and criminal procedure rules would be justified. Inthis essay, the encounter of the "security-approach" and the well-knownrules of criminal procedure and fair trial will be studied in the light of overviewing one verdict of administrative justice tribunal.
Mehrdad Rayejian Asli
Volume 2, Issue 4 , November 2013, , Pages 9-32
Abstract
Acid Throwing attack is a terrible violent crime against the person whichis not properly analyzed in criminal law, nor in criminology. Globalstatistics, if they are not of concern to international community, affirm thenecessity of finding a solution for this problem. One of the most importantaspects ...
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Acid Throwing attack is a terrible violent crime against the person whichis not properly analyzed in criminal law, nor in criminology. Globalstatistics, if they are not of concern to international community, affirm thenecessity of finding a solution for this problem. One of the most importantaspects to explore the phenomenon is the issue of acid violence victimswhich requires a special consideration in theory and practice. Meanwhile,Ameneh Bahrami Navaa Case has significant points from the victimologicalperspective. The case shows that the Iranian society, as well as its legalsystem, face serious defects to protect victims of acid violence. Thenecessity of remedy of moral damage, providing and imposing proportionatepenalties, prevention of acid throwing attacks and control of its increasingrate all are of issues which have a need of consideration.
Rahim Nobahar
Volume 2, Issue 5 , February 2014, , Pages 9-46
Abstract
AbstractAccording to a seemingly well-known opinion between Shi’ite jurists, ifsomeone commits a prescribed crime (hadd) four times, he would beconvicted to the death penalty if the punishments for the three previouscrimes have been carried out. This article critically re-reads the evidencesand ...
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AbstractAccording to a seemingly well-known opinion between Shi’ite jurists, ifsomeone commits a prescribed crime (hadd) four times, he would beconvicted to the death penalty if the punishments for the three previouscrimes have been carried out. This article critically re-reads the evidencesand arguments supporting this opinion. Due to the weakness of somenarrations in the field, serious conflict between them and the possibility ofhistorical interpretation of them, the author comes to the conclusion thatimplementing the death penalty for repeating prescribed crimes (hudud) isnot a mandatory prescribed punishment.Alternatively, the article suggests providing a preventive punishment insteadof the death penalty particularly when the offender is repentant and/or thesociety can be protected from the evil and harm of the offender by otherways. The idea is consistent with the foundations of Islamic law particularlywith the principle of precaution (ihtiyat) in human life which has beeninsisted in the Holy Legislator’s teachings in various ways.
Ali Hussein Nadjafi Abrandabadi; Hussein Ayargar
Volume 2, Issue 6 , April 2014, , Pages 9-37
Abstract
One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions ...
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One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions might lead to some law and criminologychallenges. The present researches have rarely paid attention to thechallenges of offenders supervision or merely referred to the concerns andproblems of one of the dimensions of supervision- by relying on foreignreference. Therefore, the present article seeks to express the most prominentchallenges on offender supervision and provides working procedure toremove them by aiming at taking benefit from statutes in Iran and relying onthe findings of a comparative study.Making the criminal justice practitioners aware of the findings and mostimportant practical challenges of supervision programs in other countriescan either lead to effective enactment of laws and designing a supervisionprogram on dangerous offenders or lead to reform the relevant laws. Theachievement of the present research is that the issue of supervisingdangerous offenders is facing with many failures and problems fromdifferent dimensions such as: conceptually; due to the lack of a clear borderbetween this concept and similar ones; on the definition; due to the lack of alegal criterion and evidence for crime and dangerous offender; and alsofrom the viewpoint of legality and execution. Hence, along with anexpression of the concept of supervision, suggesting the solutions for legaldefinition of crime and dangerous offenders and indication of supervisorytactics i.e. Register, Community Notification in order to improvementofficers’ role on dangerous offenders control is truly necessary.
Jafar Kusha; Hamid Gholami
Volume 2, Issue 7 , July 2014, , Pages 9-39
Abstract
AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, ...
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AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, as well as the issue of implementation or non-implementation ofQisas (religious punishment providing that murder’s blood must be shed)which has given rise to ambiguity in punishment of murder. Under theheading of Mens Rea in the first book of the Afghan Criminal Act, theconcepts of criminal intention and contingent intent have been recognized.Thus, crime of murder, accordingly, can be categorized into murder in theabsolute sense and presumed as a murder. In the first part, the punishmentfor the murder in the absolute sense and the impacts of exacerbatingcircumstances on that will be considered. The second part will be dedicatedto the analysis of the presumed murder. Finally, the consequential andcomplimentary punishments and civil liability arising out of the murder willbe briefly dealt with in the third part.
Adel Sarikhani; Esmail Aghabababani
Volume 3, Issue 8 , October 2014, , Pages 9-32
Abstract
One of the issues raised in criminal law based on Islamic Jurisprudence is the justifiability or unjustifiability of Ta’Ziri execution. In spite of the fact that legislator does not provide Ta’Ziri execution in the categories of Article19 of the Penal Code , in practice some punishments ...
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One of the issues raised in criminal law based on Islamic Jurisprudence is the justifiability or unjustifiability of Ta’Ziri execution. In spite of the fact that legislator does not provide Ta’Ziri execution in the categories of Article19 of the Penal Code , in practice some punishments in other penal statutes, particularly in drug-related crimes, are intended to be compatible with Ta’ziri punishment. However, the principles and ideas of Islamic Jurisprudence do not acknowledge the Ta’Ziri execution. Considering the possible basis for the legitimacy of Ta’Ziri execution, the issue will be discussed according to the Islamic jurisprudence. This paper is to come to the conclusion that Ta’Ziri execution has not an acceptable documentary basis ،and the right to life cannot be ignored due to social interests.
Thomas Gutmann; Seyed Bahman Khodadadi
Volume 3, Issue 9 , January 2015, , Pages 9-32
Abstract
Criminal justice faced tremendous developments in the field of sexual behaviors during the fifteenth to seventeenth A.D in Europe. These developments had been profoundly influenced by the supportive culture and religious doctrines called sexual discipline. Intellectual, political and religious proceedings ...
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Criminal justice faced tremendous developments in the field of sexual behaviors during the fifteenth to seventeenth A.D in Europe. These developments had been profoundly influenced by the supportive culture and religious doctrines called sexual discipline. Intellectual, political and religious proceedings blew to the unstable situation of Medieval and Lutheran wave surrounded the Europe including continental and United Kingdom. Transitional period took a place at this time within the history of law in the field of criminal justice and sexual behaviors; this transition went along with outstanding developments. Focusing on penology, functionalistic and paternalistic approach of this age which is specifically based on sexual behaviors in this research achieves a better understanding of the atmosphere of this period and explains the effectiveness and affectability of this time within the field of criminal justice
seyed mohhamad hosini; majid ghorchi beygi
Volume 3, Issue 10 , April 2015, , Pages 9-40
Abstract
By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. ...
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By: Majid Ghorchi-baygi[1] and Seyed Mohhamad Hosini[2] The most criminological researches have focused on conventional violent crimes in recent years. However, we have a little information about victimization of white-collar crime and a few researches have conducted in this area. Critical criminologists are interested in victimology of white-collar crime. They called victim of white-collar crimes as invisible victims. The nature of white-collar victimization is financial although it may lead to serious physical harms. Patterns of victimization in conventional crimes are different to patterns of white-collar crime victimization although these patterns are similar to each other to some extent. Patterns and types of victimization in white-collar crimes are varied by gender, age, and socio-economic class. Beyond the direct economic costs, white-collar crimes have many significant indirect costs which are harmful as well as direct ones. [1] - Assiatant professor of Criminal Law and Criminology, Law Department, University of Kharazmi. [2]- Associate Professor of Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran.
Ali Hossein Nadjafi Abrandabadi; Soodabeh Rezvani
Abstract
Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive ...
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Preventive detention of mental disorders applies for ensuring public
protection and for preventing potentially dangerous offenders from
reoffending. Former Article 48 and Article 150 of Islamic penal code 1392
are the most important examples of the preventive approach in Iran's law. In
fact, preventive detention is a sort of pre-emptive action for public
protection. In this measure, criminal law is moving from a retributive
approach to a forward-looking approach and applied to pre-crime.
Therefore, the article, examines this approach with emphasis on Article 150
of the Islamic Penal Code of Iran and the United States of America’s and
France's law that are examples of punitive penal policy.
Hussein MirMohammad Sadeghi; – Rashid Ghadiri Bahram Abadi
Abstract
A considerable part of the origin on differential criminal procedure on terrorist offences should be examined in the sphere of policy and politicians attitude to criminality and especially terrorism. This undeniable fact is worth considering from the numerous aspects. By conferring exceedingly freedom ...
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A considerable part of the origin on differential criminal procedure on terrorist offences should be examined in the sphere of policy and politicians attitude to criminality and especially terrorism. This undeniable fact is worth considering from the numerous aspects. By conferring exceedingly freedom to act, the governments paved the way for outbreaking any kind of conduct, even violent conduct for their citizens. After losing the authority to control the security of society by exceedingly elimination and exclusion of liberties, they prepared the ground for violating citizens’ rights and by this means the governments sought to prevent happened excess and indulgence. Subsequently, by making pretext for the security, they embarked on politicization of criminality, particularly terrorist offences and apparently in this regard they have been successful. They not only confirmed their attitude, but also made the public align with their policies in criminal scope. That the governments ignored necessary expertness for proceeding and dealing with terrorist offences by manipulating the well settled principle of separation of powers, and undue intervention in other powers spectrum is the most important matter. In foreign policy also, they created considerable developments. This essay tackles on examining these matters.
Behzad Razavifard
Mahin Sobhani
Abstract
Traditional justice mechanisms, mechanisms that are used recently along with other criminal and non-criminal mechanisms for doing justice in transitional societies. Transitional societies such as Mozambique, Rwanda, Uganda and Sierra Leone, used these mechanism for doing justice to violations that committed ...
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Traditional justice mechanisms, mechanisms that are used recently along with other criminal and non-criminal mechanisms for doing justice in transitional societies. Transitional societies such as Mozambique, Rwanda, Uganda and Sierra Leone, used these mechanism for doing justice to violations that committed during the past regimes or civil wars. However, there is disagreement on the method of the use of these traditional justice mechanisms to achieve justice: Some believe that doing justice to international crimes imply criminal justice. In this regard, it is necessary to change these mechanisms to adapt with the principles of criminal justice. In this context, the traditional justice mechanism in Rwanda faced with fundamental changes and like a criminal court, prosecute and punish perpetrators of international crimes. In contrast, other transitional societies such as Mozambique and Uganda, without such fundamental changes use them. This paper, with examining competing theories, argues that traditional justice mechanisms, without fundamental changes in transitional societies have been successful.
hasan moradi
Abstract
Abstract In the case of forgiving the murdered by the victim of crime, the victim enjoys the right to forgive the murderer or ask for the retaliation, especially when s/he finds herself/himself on the verge of death. There is consensus among the Islamic jurists and lawyers on existence of such right ...
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Abstract In the case of forgiving the murdered by the victim of crime, the victim enjoys the right to forgive the murderer or ask for the retaliation, especially when s/he finds herself/himself on the verge of death. There is consensus among the Islamic jurists and lawyers on existence of such right for the victim. However, there are controversies and different approaches on the post-forgiveness consequences. Therefore, in this article, I focused on the initiative right of victim on the right of retaliation, and as a result his/her heirs, along with the analysis of Islamic jurists’ opinions and adopted approach by the Art.365 of Islamic Penal Code (2013) concerning the given issue.
hasan pourbaferani
Abstract
Investigating the criminal laws of different countries show that nationality principle is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The ...
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Investigating the criminal laws of different countries show that nationality principle is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The rule of No Double Jeopardy which had been rejected in the wake of Islamic Revolution (1979) came into existence once again . However, some other evolutions could also come to view in the same line with the consideration of jurisdiction based on the nationality of victim such as the application of jurisdiction is subjected to the claim of plaintiff and also the opinion of public prosecutor’s office; these two conditions were not in contrast to Shaira standard at least in the field of Tazirat.
hosein gholami; mohammad rahmani
Abstract
Criminal policy, as part of public policy, enjoys significant feature due to the fact that governments have different characteristics and their identity is formulated by diverse concepts and their establishment follows different goals. The Islamic Republic of Iran as a political system based on ‘Republicanism’ ...
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Criminal policy, as part of public policy, enjoys significant feature due to the fact that governments have different characteristics and their identity is formulated by diverse concepts and their establishment follows different goals. The Islamic Republic of Iran as a political system based on ‘Republicanism’ and ‘Islamite’ enjoys its specific criminal policy according to the two given components. These two components can have specific consequences which distinguish the regime of Iran from the others. While it is true that adoption of republicanism and Islamite as two basic components for political regime can force the government to follow the principles of democracy including the rule of law, civil society, and respect for equality and freedom which change the face of criminal policy, the question remains that how adoption of Islamite stressing on the respect for necessities of religion can impact on the criminal policy. In this article, we attempt to elucidate the two components of republicanism and Islamite alongside the modeling the criminal policy of the Islamic Republic of Iran based on aforementioned components from the theoretical standpoint.
kamran mahmoudiyan
Abstract
Abstract; The sentence for the compensation on damaging and dissipation of internal organs in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal ...
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Abstract; The sentence for the compensation on damaging and dissipation of internal organs in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal cases. The adoption of art.563 of the Islamic Penal Code in 2013, extended the principle of odd and even in cases of internal organs loss, and suddenly dispersed the aforementioned procedures. In this article, alongside the explanation and analyzing the fundamentals of jurisprudence and the legal precedent before and after the adoption of the mentioned article, we have come to the conclusion that from the view of the jurisprudence, based on clear evidence variety, the term implying traditions on the common internal and external organs is problematic. Hence, the Hadiths on the subject deal with external organs. Additionally, the current subject of the said article based on "fixed atonement" for the loss of internal organs is contrary to the theory of "reformed or nominal justice” of civil liability and is also opposed to the principle of proportionality in the criminal law
Abstract
Although the result of criminal behaviour against the person is often shown as some sort of physical injury, but in some cases, the committed behavior may cause the victim to fear and panic, fear that violence will be used against him in the near future. In these situations, the victim without takes ...
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Although the result of criminal behaviour against the person is often shown as some sort of physical injury, but in some cases, the committed behavior may cause the victim to fear and panic, fear that violence will be used against him in the near future. In these situations, the victim without takes action against him/herself or another, because of the fear created, such as inflicting some harm, suffers some kind of psychological harm, so that it can be said that her psychical integrity is assaulted. In the English criminal system, this type of assault has a certain criminal title, But Iranian lawmaker do not pay attention to committing such conducts specifically, so the courts have to determine Arsh. However, comparative study of the mentioned behaviors in the two Iranian and English criminal systems indicates the need to criminalize, and also to determine the appropriate Taezir punishment for them, in particular.
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
ali hossein najafi abrandabadi; hossein goldouzian
Abstract
Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern ...
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Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern criminology provides an affirmative approach and despite accepting the criticisms of postmodernism on modernism and in particular positivist empiricism, it does not believe in nihilism and subjectivism. This theory does not accept the one-dimensional readings of crime which pre-existed in criminology and combines different theories from various scientific disciplines and uses all flows of thought in the realm of postmodernism to provide a compressive analysis. Seeing criminology as a social fact has no place in this theory and postmodern criminologists believe that due to complexity of social engagements and personal relationships, complicated causation theories like choatic theory are needed. in postmodernism cause of crime is not predictable and linear rather is sensitive to initial conditions and unpredictable . Therefore, in this descriptive-analytic study we attempted to investigate and analyze the theoretical and intellectual dimensions of postmodern criminology on crime, both in terms of concept and causation
mehri barzegar; Hossein gholami
Abstract
Prediction of recidivism is a part of criminological studies which has many functions in juristic decision about the convicted. One of the most important decisions deals with parole,which is based on the hypothesis that the convicted will have a due attitude during his conviction and will not commit ...
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Prediction of recidivism is a part of criminological studies which has many functions in juristic decision about the convicted. One of the most important decisions deals with parole,which is based on the hypothesis that the convicted will have a due attitude during his conviction and will not commit any criminal offense after early release from prison. Several studies have been conducted about such clause which might be divided into three generations: First generation methods that were mostly inuitional and clinical, second generation methods, which included clinical methods, improved by actuarial studies and static actuarial methods and third generation methods which considered risk/need and static/dynamic factors. Hence, standard tables like SFS and LSI-R are provided which are applied in order to grant parole. In Iran, according to second clause of Article 58 of Islamic Penal Code (enacted in 1392) and its precedence in older criminal codes, prediction of non-commission of crime is one of conditions of granting parole which is a legal context to apply prediction studies in parole.Yet, juridical context is not provided. Exact definition of factors needs a longitudinal research with regard to successful studies in other countries and localizing them.
hasan pourbaferani; ebrahim sharifi
Abstract
In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are ...
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In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are discredited. Sometimes, domestic criminal laws require the courts to consider international criminal laws and sentences as well. For example, in an accuser’s trial in one country, they may avoid retrial or Flowing the crime committed by their nationals in overseas if the committed act is a crime in that country as well. This is very important during the preliminary investigation Process. In this Process, foreign criminal law or sentence is valid from two aspects: one is before making the final decision, and the other one is the Process of making the final decision in the form of final appointments of the court. At every Process, there are some effects on each of the mentioned measures, about which there are different opinions.
