Lamia Rostami Taberizi; Mohammad Kazem Zare
Volume 2, Issue 4 , November 2013, , Pages 137-165
Abstract
Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public ...
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Public disclosure of conviction is accounted as a shaming sanction which pursues old promulgating sanction. Regarding to the fact that recognition of the philosophy of punishments and comparing the sanctions with them have a significant role in increasing the efficiency of the mentioned measures, public disclosure of conviction has been analyzed from the criminal philosophy perspective. In general, the philosophy of criminal sanction can be divided into consequentialist and non-consequentialist philosophies. Consequentialist philosophy with the element of deep insight into the issue usually intends to acquire some utilities as a result of punishments while non-consequentialist philosophy usually wants to put the blame on the guilty. As the background of public disclosure of conviction is an old promulgating punishment, and has merely been modernized as a shaming method, this criminal sanction conforms with non-consequentialist philosophy more than consequentialist philosophy and would not rejoice in securing consequentialist philosophy. The above- mentioned fact can be regarded as an encouragement for the Iranian legislator to abandon or at least limit this sanction.
Mojtaba Janipour; Masume Ladamekhi
Volume 2, Issue 6 , April 2014, , Pages 137-164
Abstract
AbstractThe doctrine of common criminal activities is considered as an exampleof criminal liability in international criminal law. This concept wasdiscussed explicitly for the first time by the international appeal court ofYugoslavia (Tadic) in 1999. However, it had been emphasized for severaltimes by ...
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AbstractThe doctrine of common criminal activities is considered as an exampleof criminal liability in international criminal law. This concept wasdiscussed explicitly for the first time by the international appeal court ofYugoslavia (Tadic) in 1999. However, it had been emphasized for severaltimes by international jurisprudence. It was then utilized as one of the mostimportant and effective methods of suing by the mentioned court and otherspecial courts. According to this concept, members who form a common planare not only recognized responsible for the planed crime but also liable forall the crimes which are the normal and predictable consequences of thatagreement. Common activities and specially the third category of thesecategory which is called under the title of “broad common criminalactivities” and leads to the responsibility for the normal and predictableconsequences has been brought up as one of the controversial issues ininternational criminal law. This essay is going to examine and analyze thecommon criminal activities, triple classification of this concept, actus reusand mens rea of each category along with the emphasis on the third categoryof these activities and its criticism.
Alireza Jamshidi; Alireza Noorian
Volume 1, Issue 3 , July 2013, , Pages 143-161
Abstract
The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- ...
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The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- mentioned principle has been considered as one of the mainprinciples applying on the process of prosecution. This principle has notbeen mentioned expressly in Iran's Criminal Procedure Code, but some ofthe provisions of this Code— for example, the fact that the prosecutor canstop the process of prosecution— have confirmed this issue. The draft ofIran ‘s Criminal Procedure Code, which nowadays is passing its final stagesof being approved in the Islamic Consultative Assembly, attempted to basesome provisions of this Code on this principle, although it has someproblems
Javad Salehi
Volume 3, Issue 8 , October 2014, , Pages 145-161
Abstract
Tracking the vehicles traffic by GPS is usual behaviors of the police in the United States. Police Track the vehicle traffic suspected of carrying drug Antony Jones by connecting the device to his car registered Tracker records without a license of court. Although the trial Court never recognized this ...
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Tracking the vehicles traffic by GPS is usual behaviors of the police in the United States. Police Track the vehicle traffic suspected of carrying drug Antony Jones by connecting the device to his car registered Tracker records without a license of court. Although the trial Court never recognized this behavior as violation of Antony Jones, but Appeal Court took this behavior as violation of Jones' privacy and have been reversed his conviction because of the illegality of its. Police appeal from U.S Supreme Court, But Supreme Court confirms the Appeal Court procedure. This issue is due to the increasing reliance GPS to prosecution, discover and collect evidences against suspects. The main research question is the legal validity of this kind of suspect prosecution's evidences? Research method is a description and analysis of the content of the judicial verdicts in this article. These procedures meet the valuable achievements that this article by Analysis of the content of the verdicts with indicators such as; the legal criteria for inspection, the cause of the behavior, or illegal inspection, cause standards of inspection or licensure have been extracted and identified as the basis for the formation of these procedures is acceptation and justification.
Sepide Mirmajidi; Mohammad Jafar Habibzadeh; Mohammad Farajiha; Jalil Omidi
Abstract
According to social constructionism, crime is a social phenomenon that has not necessarily independent objective existence outside the human mind and what counts as crime varies depending on who is defining it. Therefore, in relations among people, we face with construction of ‘social reality of ...
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According to social constructionism, crime is a social phenomenon that has not necessarily independent objective existence outside the human mind and what counts as crime varies depending on who is defining it. Therefore, in relations among people, we face with construction of ‘social reality of crime’. By adopting a moderate view of social constructionism and using social reality of crime theory, this article discusses on the fact of criminalization process in Iran. This theory (social reality of crime) believes that formulation and application of criminal law, development of behavior patterns in relation to criminal definitions and construction of criminal conception are products of shareholders’ action that seek to ensure their domination and interests by affecting the criminal process. The study of proceedings of committees, public sessions of parliament, official discourse of criminal policy actors and comments of religious entrepreneurs shows that at least in some areas of criminalization in Iran, social constructionism theory has dominated criminalization process and mentality of its actors.
Shahram Ebrahimi; Majid Sadegh Nejad Naeini
Volume 2, Issue 5 , February 2014, , Pages 147-174
Abstract
AbstractWhat is known today as economic crime involves harm and severedamage to the economic system of each country and the internationaleconomic system in the cycle of production, distribution, transportation,consumption and money.So,In the last decade, international organizationslike the United Nation ...
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AbstractWhat is known today as economic crime involves harm and severedamage to the economic system of each country and the internationaleconomic system in the cycle of production, distribution, transportation,consumption and money.So,In the last decade, international organizationslike the United Nation and the Union of Europe,have predicted differentialcriminal policy in light of though penal approach. Different Legal systemsinlight of international conventions like United Nations convention againstcorruption (MERIDA)walk toward such a convergence in the prevention andcombat against Economic crime because some kinds of these crimes asmoney laundering and Environmental Crimes have been known as globaloffences. This approach in the criminological and in the later criminalaspects is evident In the discourse of judicial, executive and legislativeagencies in Iran, particularly in the health bureaucracy and anticorruptiondue to a focus on situational – technical prevention and PenalCode due to the removal of these crimes from the postponement, suspension.This Resaearch intend to survey the basic coordinates and definition ofeconomic crimes and Analysis the Preventional strategies in this sphere.
seyed hossein hosseini; sadegh safari
Volume 3, Issue 11 , June 2015, , Pages 147-167
Abstract
In the light of criminological research findings, various factors play role in the process which criminal intent turns into action. Specific social, mental, and biological characteristics of victims have been always considered significant factors in the eyes of criminals; the way criminals weigh different ...
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In the light of criminological research findings, various factors play role in the process which criminal intent turns into action. Specific social, mental, and biological characteristics of victims have been always considered significant factors in the eyes of criminals; the way criminals weigh different possibilities of committing crime and pre-criminal states are highly based on such characteristics. In this regard, some individuals like women are considered well huntable by criminals due to their inherent characteristics and are more exposed to the risk of victimization. However, regardless of this fact that women are usually known as “potential victims” and “vulnerable victims”, we face a victim who might implicitly facilitate the commission of crime by her behaviors, in case the circumstance in which crime came into existence is examined. As women can play an important role in committing sexual crimes, they can also play role in prevention of such crimes. The authors tend to express how women can play significant role in perpetration and prevention of sexual crimes.
S. Mohammad Sadegh tabatabai; S. Hussein As’adi
Abstract
The jurisdiction of a court refers to its capacity in order to take valid
legal actions. The first of purpose the criminal law is to inflict deserved
punishment for retaliation of the committed crime. A prosecutor prosecutes
defendant which might lead to conviction. Many states including Iran claim
jurisdiction ...
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The jurisdiction of a court refers to its capacity in order to take valid
legal actions. The first of purpose the criminal law is to inflict deserved
punishment for retaliation of the committed crime. A prosecutor prosecutes
defendant which might lead to conviction. Many states including Iran claim
jurisdiction over the crimes of their own citizens even if these crimes have
been committed abroad. Moreover, it is also true for a case when an apatrid
individual commits a crime against an Iranian citizen abroad. Considerable
ambiguities and errors are observable by studying the determined
jurisdictional principles in the Criminal Procedure Code. The reason for this
ambiguity revolves around article 316 which is not clear- cut, which may
leads jurist and judges to interpretive narrowly. As principle of legitimacy of
offences provides that penal codes must be interpreted strictly and should
not be generalized through compression method, it is necessary that it
article be reformed.
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.
Ali Shojai
Volume 2, Issue 7 , July 2014, , Pages 149-164
Abstract
Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013)referes to "one or two degrees of decrease in incarceration ". The wordingof the article makes two interpretations of the word "decrease" possible;according to the first interpretation, the word has a general meaning andcontains ...
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Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013)referes to "one or two degrees of decrease in incarceration ". The wordingof the article makes two interpretations of the word "decrease" possible;according to the first interpretation, the word has a general meaning andcontains both "reduction and substitution". The interpretation is based onthree arguments, i.e. legislative intent, context (internal criminal co-text)and the rule of interpretation in favor of the accused. While criticizing thefirst interpretation, the present essay supports the second interpretation withreference to the semantic meaning, legislative history, purpose of legislation,and various contexts. According to the second interpretation, the word"decrease" in this article only means "reduction of the punishment"; hence,the substitution of another more proper punishment for incarceration willnot be possible according to article 37 (A).
Roya Zeraatpishe; Abbas Shiri; alihosein Najafi Abrandabadi; Firooz Mahmoudijanaki
Abstract
Abstract: Gender transcends the attributes that are attributed to women and men in the process of sociability of men and women, and, in contrast to the gender, they have a biological and social origin. The gender role of women has been the subject of transitional change throughout history, and as a result, ...
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Abstract: Gender transcends the attributes that are attributed to women and men in the process of sociability of men and women, and, in contrast to the gender, they have a biological and social origin. The gender role of women has been the subject of transitional change throughout history, and as a result, in traditional societies, the status of women has changed. Women as a second sex tend to have stereotypes that are inappropriately proportioned to them and do not weaken their position in the continuum. These stereotypes do not fit well in the popular comics of men and women, and portray women as poor sexes. It is clear that this pervasive perception of women with violence against them is related to stereotypes of sexual harassment and abuse of women in particular. Sexual assault stereotypes are societal messages that tell women about their predetermined sexual orientation about sexual assault, and about the rape, sexual assault, and rape outcomes. In the end, they are silenced by the transgressor.
Islamic jurisprudence
mohamad jafar sadegh pour
Abstract
In Article (568) and Clause (a) of Article (569) of the Islamic criminal Code, the legislator has expressed the amount of Diyah for fracture. Assigning two different articles to this issue has caused the perception that these two articles have a different subject. This view is strengthened by the ...
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In Article (568) and Clause (a) of Article (569) of the Islamic criminal Code, the legislator has expressed the amount of Diyah for fracture. Assigning two different articles to this issue has caused the perception that these two articles have a different subject. This view is strengthened by the legislator's statement to assign the rule of Article (568) to "fracture of a limb" and Article (569) to "fracture of a bone of a limb". The difference or sameness of the subject of these two regulations, along with the gaps and challenges that are facing them, makes it necessary to analyze their structure and basis. This necessity is more felt by referring to the conflicting views of the legal authorities of the judiciary in this regard and the existence of fundamental problems in the Shariah and jurisprudence foundations of these two articles. Understanding this importance, the writer, with a descriptive-analytical method, while strengthening the divergence of the above-mentioned articles, suggests the removal of Article (568) due to its content or lack of Shari'i validity. It is also mentioned in this essay that paragraph (a) of article (569) needs to be fundamentally amended and in this regard, three suggestions for the amendment of this article have been mentioned.
mohammad sadr touhid-khaneh
Abstract
According to the Afghan Constitution, in the absence of relevant statutory laws, courts shall refer to Hanafi jurisprudence. However, there are other explicit and implied constitutional conditions, which should be taken into consideration, including compliance with the principle of legality ...
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According to the Afghan Constitution, in the absence of relevant statutory laws, courts shall refer to Hanafi jurisprudence. However, there are other explicit and implied constitutional conditions, which should be taken into consideration, including compliance with the principle of legality of crime and punishment, which as one of the most fundamental principles of modern criminal law is guaranteed not only in the current Constitution but also in all the six most recent Afghan constitutions. However, Article 1 of the Afghan Penal Code of 1976 stipulates that it regulates only Tazirat punishments and refers Hodud, Qisas and Diyat punishments to Hanafi jurisprudence. This article is repugnant to these explicit and implied constitutional conditions, and as a “weak law” can be ignored. Generally speaking, although Sharia enjoys a prominent position in the Afghan Constitution, its status is different from the Iranian Constitution, which governs generally and absolutely over all articles of the Constitution itself, as well as over all other laws and regulations. Besides, the legislator’s approach in the subsequent articles of the Afghan Penal Code of 1976 shows that even the legislator himself did not believe deeply in his own Article 1. Moreover, among recent laws, there are some examples that implicitly confirm the fact that Article 1 is not valid.
Criminal law and criminology
Zahra Farhadi Alashti; Abdolreza JavanJafari Bojnordi; Mahdi Seidzadeh Sani
Abstract
This study places itself within the scope of cultural criminology approach, a multidisciplinary research field that explores crime and reactions to its control from an anarchist view. Cultural criminology places the issues of meaning in the hearts of its studies. Cultural criminologists propose that ...
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This study places itself within the scope of cultural criminology approach, a multidisciplinary research field that explores crime and reactions to its control from an anarchist view. Cultural criminology places the issues of meaning in the hearts of its studies. Cultural criminologists propose that both crime and its control operate as cultural processes. In this theoretical approach, crime and its control are conceptualized as creative cultural products which are changing in the dynamics of social interactions. It examines how the meaning of crime and its control is continuously constructed in the nonlinear cultural, criminal, and crime control processes. It focuses on the convergence of criminal subcultures, control agents and media processes. For cultural criminologists, the media-based images of crime are one of the main sources of mediated constructions of meaning. They emphasize the centrality of media representations in the construction of crime. In this regard, it chooses an interdisciplinary approach with sociological criminology, cultural studies and media Criminology.This study sought to analyze the media-constructed lived experience of Iranian hackers by using the theoretical approach of cultural criminology. Cultural criminologists draw attention, particularly mainstream variants of criminology, to the fact that the crime control agencies are not the only creators of the meaning of crime and its control. Proposing the idea of commodification and hall of mirrors, they argue that the media representations of criminals and criminal events become a tool for creating the meaning of crime. These images create and consume by criminals, criminal subcultures and control agents. In today's highly controlled world which subcultures become marginalized, media representations become significant, exceptional sources for creating deviant subcultural reality. These images are continuously recycling and reproducing by control agents and subcultures and even other media images. Hence, we are being surrounded in a world in which saturated by different, nonhomogeneous images of crime and its control.This research is accomplished via anarchist methodology of cultural criminology. To this end, we have used the ethnographic content analysis (ECA) developed by David Altheide (1980s) and virtual ethnography of hacker subculture. Due to the qualitative nature of the research, the Blue Whale television series were analyzed by using the purposive sampling method. Researches conducted in this area must focus not only on the everyday media images, but also on the complex set of reciprocal and interdependent subcultural relationships which together constitute the dynamic meaning of crime. In this regard, in the subcultural studies section, fifty-four in-depth, semi-structured interviews were conducted with hackers during the six months, and their behaviors were simply observed. All data were coded and analyzed using MAXQDA software.Our findings indicated that the meaning of the hacking is also created through the consumption of media products. Entertainment media can represent the real dimensions of criminal subcultures in the form of attractive media products. In many ways, Blue Whale blend the real-life and movie created footage and blurs the lines between reality and fantasy. The hacker represents a personality similar to many young people, which can evoke audience emotion. According to our virtual ethnography research, some hackers are students or graduates of various fields, especially computers, who suffer from economic problems like the character of the hacker shown in this series. They are humiliated by powerful adults and at the same time, have a creative mind. The fictional hacker of this film, like many hackers in the real world, feels prosperous and empowered by taking risks as part of edgework activities. The combination of skill, creative impulsive behavior, and economic problems lead the hacker to greater ambitions in the criminal profession, and finally, the metaphorical incident of the death of the whale occurs. Moreover, the Blue Whale provides information about the lesser-known dimensions of criminal edge workers that the criminal justice system seeks to distort to prevent delinquency. It also found that by representing parts of the realities of hackers' lived experiences and looping back to the content and form of previous media loops, the series screening a dystopia that provides the possibility of transcending established norms and rules of the life for the offender and the audience.
Gafar Koosha
Volume 1, Issue 1 , October 2012, , Pages 159-180
Abstract
Crime of "trying to corruptly influence a judge, judges, a court or agovernment official to one side or the other" was passed by Iranianlegislature in 1315 solar. Although the crime is comparable withcrimes such as bribery and fraud; has got its own particular elementsas well as specific conditions and ...
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Crime of "trying to corruptly influence a judge, judges, a court or agovernment official to one side or the other" was passed by Iranianlegislature in 1315 solar. Although the crime is comparable withcrimes such as bribery and fraud; has got its own particular elementsas well as specific conditions and is defined as a specific crime. Thecrime is divided into two categories: Active influence and passivemanipulation. Active influence, with respect to perpetrator of crime, isdivided into two categories: The perpetrator could be an ordinaryperson or could be a lawyer. Active influence committed by anordinary person is conceivable in two modes: General influence andspecific influence which are regulated in Articles 1 and 2 of the saidlegislation
Ali Asghar Azami; masoud heydari; mohamad javad jafary
Abstract
The multiplicity of result is a situation that several results can be achieved from one criminal behavior. Is the multiplicity of result an example of the spiritual or physical multiplicity of crimes? There are different opinions among lawyers. Formerly, it has been considered as multiplicity of crime ...
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The multiplicity of result is a situation that several results can be achieved from one criminal behavior. Is the multiplicity of result an example of the spiritual or physical multiplicity of crimes? There are different opinions among lawyers. Formerly, it has been considered as multiplicity of crime by judicial president and equal to criminal behavior with various titles. In 1392 (Hijri Shamsi), Iranian Parliament with providing a criminal legislative policy and enacting article 134:1, determined the multiplicity of result as physical (material) multiplicity and ended these dissensions. The multiplicity of result could be realized within the multiplicity of victim of an offence and subject of crime and this condition is different with the situation that is resulted several implications from one criminal behavior. Although, the multiplicity of result is similar to spiritual (moral) or physical (material) multiplicity in different ways, but is a different conception from those two. The purpose of this research is description and analyzation of this subject and its constituent elements, investigation of its real position and implications and expression of its differences and similarities with the multiplicity of crime such as spiritual (moral) or physical (material(, that would be studied by descriptive and analytic method.
Seyed mohamad mahdi Sadati
Abstract
Punishments are changeable and depend on goals. Therefore, when there is valid knowledge that correctional goals of punishment are failed, releasing a criminal who certainly endangers public safety is a denial of public rights. In this case, presumption of innocence has been changed to presumption of ...
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Punishments are changeable and depend on goals. Therefore, when there is valid knowledge that correctional goals of punishment are failed, releasing a criminal who certainly endangers public safety is a denial of public rights. In this case, presumption of innocence has been changed to presumption of guilt and the judge by realizing the objective and qualitative criteria that indicate the survival of dangerous situation, can determine the preventive detention.Therefore, with qualitative approach and phenomenological methodology through library studies, this article seeks to address the following question: "What are the principles and criteria for legislation of preventive detention in the German, Iran and Imamiyeh jurisprudence legal system?"The findings are that the main bases of preventive imprisonment are the discourse of overcoming public security over freedom, the discourse of victim-centered criminal law, the principle of caution and the rule of the need to repel harm, but the problem is the criteria for achieving a valid suspicion of a dangerous situation. It seems that valid suspicion can be obtained by determining quantitative and qualitative criteria.Iranian legislature, relying on reasonable grounds and criteria, in cases of valid suspicion of a dangerous situation can legislate prevent imprisonment for dangerous criminals.
nadia bagheri; mojtaba janipour; mahin sobhani
Abstract
Abstract
The aim of this paper is to consider the Tu quoque defence in the context of international criminal law by the analytical-descriptive approach. Simply put, Tu quoque is the Latin term (equal to: You too) and often is stated in this context: (You should not punish me because you did it too). ...
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Abstract
The aim of this paper is to consider the Tu quoque defence in the context of international criminal law by the analytical-descriptive approach. Simply put, Tu quoque is the Latin term (equal to: You too) and often is stated in this context: (You should not punish me because you did it too). This defence, for the first time was implicitly accepted during the Nuremberg tribunal (following World War II) in the Admiral Karl Doenitz case. The original base of this argument is the clean hands doctrine: (if one of the parties of armed conflict has committed certain crimes, his hands to prosecute or punish other parties of conflict for the same crimes are not clean). Recently, criminal tribunals such as International Criminal Tribunal for Yugoslavia have been faced with Tu quoque as a defence. Despite the existence of an ambiguous history for this defence, jurists have not paid enough attention to this defence. This paper, by examining the jurisprudence of IMT and other international criminal courts, concludes that Tu quoque defence in Genocide and Crimes against humanity cannot be accepted, but in some War Crimes and the Crime of Aggression, this defence is acceptable under certain circumstances.
ali safari; razieh saberi
Abstract
In this paper, the analysis of one of the main prerequisite conditions of
situational prevention, i.e. the warning condition is investigated. The condition
is analyzed under two main titles; the first one is the necessity of warning in
Fiqh, human rights, and criminology. Afterward, such necessity ...
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In this paper, the analysis of one of the main prerequisite conditions of
situational prevention, i.e. the warning condition is investigated. The condition
is analyzed under two main titles; the first one is the necessity of warning in
Fiqh, human rights, and criminology. Afterward, such necessity alongside its
conditions in order to achieve the proper way of warning is examined from the
viewpoint of ordinary people, experts, and offenders. It will be concluded that,
for it is fairly common for ordinary citizens who use dangerous or even fatal
protective equipment to keep their properties safe from any criminal activities, it
is essential for the state to make attempts to suggest appropriate laws to the
legislature and legally determines conditions, types and other technicalities of
different situational crime prevention measures and their legal limits. In this
way, people will be aware of the legal domain of taking preventive measures
without being trapped in criminal liability for hurting people who face such
measures during their criminal activities.
hasan hajitabar firozjaei
Abstract
In Iranian law, bankruptcy is considered a fault and a form of crime against property and possessions, which has been criminalized for violating the property rights of individuals and disrupting the economic system and public order. However, from a legal point of view, there are various legal challenges ...
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In Iranian law, bankruptcy is considered a fault and a form of crime against property and possessions, which has been criminalized for violating the property rights of individuals and disrupting the economic system and public order. However, from a legal point of view, there are various legal challenges to the rules of procedure governing these crimes, especially in determining the origin of the prosecution, the manner in which the prosecution is initiated, the necessity or non-necessity of issuing a writ of execution, and the observance of civil procedure. Regarding the private aspect, it is discussed in this article and the following results have been obtained: First, the origin of the calculation of the pursuit time lapse must have been the date of the first non-payment of the merchant. Secondly, the criminal aspect of the mentioned crimes requires the issuance of a warrant if the necessary conditions are provided. Third, the claim for damages resulting from the above offenses - except for the rejection of property and rights subject to the offense - requires the observance of the procedures of civil procedure.
Mohsen Eini
Abstract
Counterfeit medicine trafficking threatens public health, regardless of its harmful economic consequences and has determined the international community to effectively combat it. Criminalization of counterfeit medcine trafficking and similar behaviors, according to an international instrument is the ...
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Counterfeit medicine trafficking threatens public health, regardless of its harmful economic consequences and has determined the international community to effectively combat it. Criminalization of counterfeit medcine trafficking and similar behaviors, according to an international instrument is the most important strategies to combat this phenomenon. However, at the regional level,Council of Europe Convention (MEDICRIME) has proposed, criminalize counterfeit medcine trafficking and similar behaviors and give appropiate response to it by Member States . In the Iranian law, “the act relating to medical, medicinal regulations” approved in 1955 with subsequent adhesions, without reference to medicine trafficking , attempted to organize medcine importation and exportation and combat medicine counterfeiting. However, the law on combating smuggling of goods and currency ,approved in 2014, has clearly criminalized medcine trafficking, regarded trafficking medcine - like other goods- as an economic crime and in the criminalization, it has considered no prominent role for public health. The article suggests to define the concept of counterfeit and illegal medicines and independent criminalization of trafficking counterfeit and illegal medcines such as substandard medicines which falls into the category of crimes against health, due to its harmful consequences on people’s health.
Mehdi Fazli; Abolfath Khaleghi
Abstract
Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are ...
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Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are facing with flaws which cause the possibility of committing corruption through them. Organization of Economic Cooperation and Development (OECD) in years of studying its members laws on domestic public transactions has provided recommendations for amendment of their laws which also could be useful for legal amendments in Iran. Using a descriptive-analytical method, this article has recognized such flaws in quintuple steps of public transactions (including assessment of necessities, pre-bidding and bidding, conclusion of contracts, implementation of contracts and final audit) in the light of OECD recommendations and has recommended enactment of an exhaustive criminal Act in this field and amendment of current laws on tenders and auctions for curbing corruption.
Seyed Mustafa Meshkat
Abstract
Anticruelty to animals is included in the humanitarian approach, which also has an anti-violence function. On this occasion, the criminal law activists have criminalized several forms of animal abuse an and create punishments against them. The scope of the animal abuse is not included physical abuse, ...
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Anticruelty to animals is included in the humanitarian approach, which also has an anti-violence function. On this occasion, the criminal law activists have criminalized several forms of animal abuse an and create punishments against them. The scope of the animal abuse is not included physical abuse, but in a broad view, it also covers animal neglect abuse. In this way, the United States criminal justice system at the federal and state levels has developed a strategy for effective and efficient animal abuse. Of course, this is not limited to the comprehensive criminality of animal species, and various criminal and non-criminal measures have been put in place in the face of these acts. On the other hand, national legislators have adopted an incomplete approach to animal abuse. In this regard, during this paper, attempts are made to map the peculiar criminal policy for animal abuse by measuring and analyzing the criminal rules of Iran and the United States.
ali ganji
Abstract
Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria ...
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Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria and their impact on the criminalization are first addressed and then the position of expediential criminalization is studied in the Islamic republic of Iran government. In the Islamic republic of Iran, the criterion for expediential criminalization is the benefit of the government. The reference for determining it is the council selected by the leader known as “the expediency discerning council”. In some cases, this institution has the right to cross the principles and provisions of the constitution and Islamic laws. This type of expediency has an important impact on the criminalization due to which criminal, political, and periodical inflations and reactive criminal laws occur and it faces various challenges such as political, legal, ethical, religious, and human rights challenges.
Ahmad Mortazi; Amir Amiran Bakhshayesh
Abstract
Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the ...
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Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Criminal Code, excludes four cases of moharebeh, corruption, theft, and qazf,. It means that mere doubt does not lead to the rule of dar’e in these four cases; rather, the rule applies in other stages where no contradictory reason can be found. The present study shows that such a separation is inadequate in terms of jurisprudential basis and contradicts the general and general narratives related to the rule of dar’e. The reasons given by the scholars in justifying this separation are one-dimensional and obscure, and therefore not acceptable. The present study seeks to analyze the bases and arguments presented in order to justify the four exceptions of Article 121 of the Criminal Code.
