Mahdi Gholampour; Mohammad Farajiha
Abstract
AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access ...
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AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access to justice in this kind of case. Reversing the truth, victim defamation, the control of the state on media, and arbitrary directing of the related news to the event as well as early comments of authorities before any independent investigation are some examples of the challenges ahead of the criminal investigation of death cases in prison. The paper along with using related sources to the issue of death in custody, by analyzing the content of reports, information and news as well as discourse analyzing of officials in relation to 12 cases of death in custody/prison in Iran, analyze the investigation challenges that concern the victim’s families of death in custody. Data analyzing of 12 cases of Iran show that reversing the truths related to the surrounding condition of the death and adumbrate of the event, makes it difficult to detect the real cause of the death. On the other side, defaming the victim and smearing his/her dignity or his/her family’s, distracts the attention from the misconducts of the prison officials to the failure of the victim him/herself and induces the deservedness of their death. In the same way, lack of liberty for media in reflection of the related news of cases, and bias the dependent media to the political system that generally express the cautious attitudes of the authorities, decrease the transparency of these cases. Finally, the early comments of authorities surrounding the cause of the deaths, challenge the possibility of an independent investigation in reaching to a different result of that comment.
Criminal law and criminology
saeed Akbari; mohammadAli Hajidehabadi; MohammadKhalil Salehi
Abstract
Today, social protests are as an expected social phenomenon in human societies, even in societies based on democracy, there are social protests because the impact of the decisions of the state and political authorities on the lives of the people of a society is undeniable.The way that the different societies ...
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Today, social protests are as an expected social phenomenon in human societies, even in societies based on democracy, there are social protests because the impact of the decisions of the state and political authorities on the lives of the people of a society is undeniable.The way that the different societies deal with this social phenomenon is subject to the rights and freedoms recognized by the states for the general public. On the other hand, people's actions also determine how the state deals with this phenomenon, so it is not unreasonable to say that the state's reaction on the one hand, and the people's reaction on the other hand, seriously can change the type and quality of protests.If a macro-level decision is taken by the state, and if this decision affects the lives of most people in a quantitative way, the protests can be expected in all parts of a country. Now, this protest, which is a sign of the state's decision and not accepted by the people, if it is responded too violently by the state, it can change the nature of a peaceful protesting population and turn it into a violent population, and if the protest is also violent from the beginning, there will be no doubt that no state will leave such actions unanswered with the tools at its disposal.Nevertheless, to a great extent, the type, quality and quantity of tools to deal with social protests are subject to the principles that have been accepted in the field of criminal policymaking. It goes without saying that this criminal policy significantly defines the limits and restrictions of citizens' freedom and also shows the level of accepted values of the state and the adherence to the principles contained in the documents beyond laws and regulations. It is clear that the states choose the most severe and harsh reactions when they feel a threat to their integrity, so it is important to identify such behaviors from the punishment perspective. The purpose of this research is to clarify the position of Iranian criminal policy confronting the social protests and the distinction between two types of behavior, i.e. violent protests and the need to punish these behaviors and peaceful protests and the need to recognize these types of protests.This research has been done with analytical-descriptive method through using numerous library sources. The necessity of the current research, in addition to its impact on the country's legal literature, can also be considered in the legislative and even judicial field because the criminal reaction to Peaceful protests is actually a violation of fundamental rights recognized in constitutional documents and even human values of the society.The findings of this research show that, where the protesters only want their lost rights and do not accept the new policy of the state which has affected their lives, and considering that these protesters do not have evil or criminal intentions and if these peaceful protests do not lead to the violation of the rules of criminal law, the state should not practice even the slightest aggression against this group of protesters, and only if the protesters violate one of the rules of criminal law, their behavior should be judged with mitigation in punishment.Social protests whether violent or peaceful have common features, such as:Relative continuityPurposefulness and agreement between protestersApplicability of the title of Protester to specific people Opposition to all parts or some part of the prevailing social conditionsWith precision in the words of researchers and experts in the field of social protests, the topics such as civil disobedience and civil resistance can be considered as examples of peaceful social protests, and the cases such as: riots, revolutions and coups(military coup) can be included under the title of violent protests. In terms of Iranian criminal policy regarding social protests ,peaceful and violent, two sources can be considered including: the constitution as the supreme legislative document of the country and other laws and regulations as normal laws. The principle of the right to peaceful protests is recognized in the 27th article of Iran’s constitution, which deals with gatherings and protests. On the other hand, normal laws, both in the field of violent protests and in the field of peaceful protests, have not a specific and explicit law for supporting or prohibition of social protests, and this matter has actually led to a kind of confusion among the judicial authorities.According to what kind of behavior and with what intention the protestors are protesting , and even to what specific group of the society they belong to, there is a different criminal description and interpretation, and in addition to this, the legislator can refer to the new findings of the criminal studies for the legalization of the reasons for mitigating the punishments or remission of punishment in order to consider this mitigation of the punishments or remission of punishment for the people who have committed a crime, considering that such behaviors can continue for days and even months and thus drag the situation of the society towards a crisis. Also, a group of protestors who have been influenced by others, are committing the crimes without a proper understanding of the social situation and begin to protest only under the influence of the psychological atmosphere of the society and the actions of others (without having a high criminal capacity).Such mitigation of the punishments or remission of punishment are not unprecedented in the field of criminal policy of Iran. It seems that in order to draw an ideal criminal policy along with protecting the rights and freedoms of the people, we need a basic legislation in this field of social behavior.
Islamic jurisprudence
ahmad haji dehabadi; MAHDI Narestani
Abstract
Following the Islamic Revolution in Iran, the legislator, grounded in Article 4 of the Constitution, criminalized the consumption and use of intoxicants. This criminalization is enshrined in various legal texts, including the 1982 Penal Code (Hudud and Qisas), the 1991 Islamic Penal Code, and most recently, ...
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Following the Islamic Revolution in Iran, the legislator, grounded in Article 4 of the Constitution, criminalized the consumption and use of intoxicants. This criminalization is enshrined in various legal texts, including the 1982 Penal Code (Hudud and Qisas), the 1991 Islamic Penal Code, and most recently, the 2013 Islamic Penal Code. The latest iteration, enacted in 2013, introduced several innovations in the criminalization of intoxicants, prompting a range of writings that defend, critique, and analyze these changes. However, despite the extensive discourse, there remains a lack of a comprehensive jurisprudential analysis rooted in legal reasoning. Therefore, the objective of this paper is to provide a holistic and rigorous examination by reviewing the views of Islamic jurists, drawing upon the existing hadiths, and adhering to foundational jurisprudential principles.Methodology:This article adopts a library-based research methodology and a descriptive-analytical approach. It begins by reviewing the legislative history surrounding the use and consumption of intoxicants. It then proceeds to analyze the definition of intoxicants from both a linguistic and legal perspective. Subsequently, the paper explores the opinions of Islamic jurists on the application of hadd punishments for intoxicants, as well as the rulings on repeated consumption, grounded in hadiths and related reports. The article concludes with practical suggestions and effective solutions.Findings:The 2013 amendments introduced two significant innovations regarding intoxicants in Iranian legislation: one concerns the definition of the subject for Hadd punishment—shifting from “drinking” to “consumption”—and the other revises the punishment for repeated consumption, altering the threshold for the death penalty from the third to the fourth offense. From a jurisprudential standpoint, both changes appear problematic. The first change disregards necessary caution in areas where caution is warranted, while the second introduces caution in a context where it is not needed.Innovation:Distinction Between “Obligatory Rulings” (Taklifi) and “Situational Rulings” (Wadh’i):A critical analysis of the distinction between “obligatory rulings” (Taklifi) and “situational rulings” (wadh’i) reveals that there is no inherent link between the two. Specifically, the prohibition of intoxicants does not necessarily necessitate the application of Hadd punishment. Not every prohibition requires punitive measures, and the criminalization of intoxicants should not automatically entail the application of hududd penalties.Legislator’s Innovation in the Subject of hadd Punishment:The legislator’s decision to expand the definition of Hadd punishment for intoxicants from “drinking” to “consumption” results in a broader scope of criminalization within the hudud laws. This expansion deviates from the clear guidance found in the hadiths and, as such, violates the intent of Article 4 of the Iranian Constitution. By broadening the definition of intoxicants to include substances beyond alcohol, such as narcotic drugs like hashish and heroin, the law increases the number of individuals potentially subjected to hadd punishment, including the death penalty after repeated offenses.Conclusion:The shift from criminalizing the act of “drinking” to any form of “consumption,” coupled with the imposition of the same Hadd punishment, leads to a considerable expansion of criminalization. This shift is particularly concerning since it extends to narcotic substances like hashish and heroin, thus opening the door for individuals consuming these substances to be subject to hadd punishment, including the death penalty after the fourth offense. However, upon reviewing both legal arguments and hadiths on the subject, no compelling evidence supports this broader application of criminalization. The jurisprudential rulings on intoxicants do not endorse such an expansion, and there is a lack of sufficient justification for this change. Furthermore, the increase in punishment for repeated consumption, after the initial hadd punishment has already been applied, raises significant issues. The ambiguous wording in Article 136, which suggests the death penalty for the fourth offense, lacks solid support from hadiths or valid jurisprudential interpretations. Historically, the death penalty was only applied after the third offense, not the fourth. Therefore, this change, particularly regarding repeated consumption, seems unwarranted and unsupported by the jurisprudential and hadith-based framework.In conclusion, the shift in criminalizing the “consumption” of intoxicants, as opposed to just “drinking,” along with the alteration of the penalty for repeated offenses, represents an overreach in criminal law that lacks adequate legal or jurisprudential backing. The legal amendments of 2013, while aiming to address the issue of intoxicants, ultimately expand criminalization beyond what is justifiable by Islamic jurisprudence, leading to a potential miscarriage of justice.
General and exclusive criminal law
Mohammad rasool Ahangaran; Mehrdad Saeedi
Abstract
In cases where the blood money for the killer exceeds that of the victim, and the avengers of blood demand Qisas (retaliation), attaining the right of Qisas requires restitution of the difference in Diyeh to the person being avenged. The responsibility for paying the difference in Diyeh varies depending ...
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In cases where the blood money for the killer exceeds that of the victim, and the avengers of blood demand Qisas (retaliation), attaining the right of Qisas requires restitution of the difference in Diyeh to the person being avenged. The responsibility for paying the difference in Diyeh varies depending on the circumstances. It can be the responsibility of the owner of the right of retribution (the victim or the avengers of blood), the person or persons who are not avenged against, or the avenge (one administering retaliation) and their accomplice(s). However, if the issue of complicity in an intentional crime is not raised, the payment of Diyeh is solely the responsibility of the owner of the right of retribution. For example, when a man knowingly and intentionally kills a woman, the avengers of blood must pay him half of the killer's Diyeh.Despite the jurisprudential background and legislative history of Diyeh, the Iranian legislator has not stated its specific provisions in an independent chapter in the new Islamic criminal code approved in 2013, instead allocating various provisions to scattered sections. As a result, new issues in the judicial procedure face unresolved challenges due to the lack of a definitive text. One objective and factual issue that arises in a criminal case is when a third party (not the avenger of blood), without the permission of the avengers of blood, pays the difference in the killer's Diyeh during the execution of criminal sentences in the judicial fund. In such cases, questions arise regarding the approach to be adopted and the nature of this legal action. According to Article 427 of the Islamic Penal Code approved in 2013, the nature of the payment of Diyeh by the avengers of blood is to compensate for the damage caused, create balance and equality between the killer and the victim, and it is an imperative rule, not a condition for the emergence of the right to retribution (not a favorable rule). For this reason, as soon as the crime occurs, the avenger of blood has the right to retaliation, but the retaliation depends on the payment of the difference in Diyeh. If the right of retribution were based on the payment of the difference, and the guardian retaliated without paying, he would also be retaliated against. However, according to the rule of 427, he commits ta'zeer. Legislators have remained silent about the nature of payment of the difference by a third party in the Islamic criminal Code, leading to challenges and fundamental differences of opinion among lawyers and within the judicial procedure of criminal courts. One of these challenges is whether, by paying the difference in Diyeh through a third party, there is a possibility of retaliation for the avengers of blood. Additionally, once Diyeh is paid, does the third party become a stranger without rights to it? Do the rules of debt apply, or can a third party or the avengers of blood go directly to the criminal enforcement unit for reimbursement? Does the difference in Diyeh become the property of the killer or their heirs, allowing any interference, or is it solely for the fulfillment of the killer's retaliation, refundable by the third party before the retaliation? The answer to all these challenges depends on explaining the nature and examining the legal effects of this act, specifically the third-party payment of the difference in Diyeh. The importance of this matter goes beyond the presentation of a legal theory, and adhering to one of the proposed views on the nature of the third-party payment of the difference in Diyeh can ultimately determine whether the killer faces retaliation or is released from it until another time.The present research, which is novel in its kind, after explaining the basic concepts of the research, separates the nature of the Diyeh from the difference in the Diyeh and then examines the nature of the difference in the Diyeh paid by the third party from the perspective of jurists and judicial procedure and while criticizing the views of the opponents, tries to present a theory in accordance with the foundations of Islamic jurisprudence and law and their principles and rules.
Criminology
Hamid Naderi; Mohammad Matin Parsa; Mohammad Pourmazar
Abstract
Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation ...
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Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation of a third party between two parties of a criminal case and providing a basis for dialogue and agreement in order to return the situation to normal, which of course is possible with other programs such as conferencing, circles, restitution of the victim's situation, community services, victim impact statements and community restorative boards have similarities. The dispute resolution councils, as a judicial references, which mainly steps towards reconciliation between the parties to the proceedings, despite the diversity in the implementation of dispute resolution programs, the characteristics of most of these programs are the active participation of litigants and local communities, dialogue-oriented, efforts to reach a solution to compensate the victims and the offender's responsibility. Therefore, criminal mediation programs can be a good opportunity to expand and strengthen community-oriented in the judicial system. The root of adopting a community-oriented approach to criminal issues and recognizing people's participation in solving Corresponding Author: hnaderi58@gmail.com How to Cite: Naderi, H., Matin Parsa, M., & Pourmazar, M. (2023). Analyzing the Position of Mediation in Dispute Resolution Councils with a Sociological Approach; (from Perspective of the Members of the Branches of the Tehran Councils). Journal of Criminal Law Research, 12(45), 153-192. doi: 10.22054/jclr.2024.75156.2608.Hamid NaderiResearcher of Department of Interdiciplinary Studies, Institute of Strategic Studies, Judiciary Research Institute, Tehran, Iran.Mohammad Matin ParsaPh.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran.Mohammad PourmazarMaster in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.Journal of Criminal Law Research | Vol. 12 | No. 45 | Winter 2024 | 154criminal disputes can be found in "public sociology" studies in general and "restorative justice" teachings in particular.From the substantive point of view, since crime is considered a social phenomenon and behavior against the norms of society, and the offender and the victim are members of the society, so the process of pursuing the case and responding to the offender should also be in accordance with this social context. Categories related to criminal law, such as criminalization and separation of crimes from social deviations, ordering of response methods, prevention of crime, determination of responding references, evaluation of its performance and historical developments, are not separate from the community of the place of implementation or its specific social context, and this fact can be seen in the link between the law and the social. By giving identity to the offenders, preventing them from being labeled and providing an environment of acceptable shame, criminal mediation can lead to the correction and return of the offenders to the society as quickly and better as possible and their alignment with the norms.The social approach of the judicial system is one of the meeting points of the social with the law, and it is a view of the process based on which the judicial system, especially the criminal justice system, along with the people consisting of natural persons and non-governmental organization, assume social responsibility towards the general issues related to the judiciary. This approach is based on returning to society and taking advantage of social capacities and creating a basis for the consolidation of social capital. Depending on the topics and stages, this partnership can have many manifestations, including legislation, monitoring the implementation of laws, crime prevention, crime detection and prosecution and investigation, settlement of lawsuits, determination of punishment and its implementation. If mediation in criminal matters is done independently and away from the jurisdiction of the judicial system, it can be a suitable context for realizing and strengthening the social approach of the judicial system. The main goal of the research is to analyze the criminal mediation in the dispute resolution councils of Tehran.The current research was conducted using qualitative method in the form of thematic analysis .In order to collect data, an unstructured interview tool was used. The statistical population of the current research included managers and members of Tehran Dispute Resolution Council's branches and branches located in courts which was carried out by non-probability and purposeful sampling; and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. Maxqda, the qualitative data analysis software, was used to encode and analyze the data. The interview protocol is set according to the main axes of the empirical background and by|155| Analyzing the Position of Mediation in…; Naderi et al.conducting a review of the body of knowledge related to the subject, and the operational method of the research is the content and thematic analysis. Thematic analysis is one of the methods of analyzing textual data, one of its characteristics is the use of categories adapted from theoretical models and applied to the data.The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges. The consequence of this judicialization is manifested in not taking advantage of the capacity of the local community, lack of attention to the needs of litigants, and lack of root-finding and problem-solving approach. Therefore, at present, the councils have moved away from their primary goals and their performance is very different from criminal mediation in a special sense.
Iman Mohtaram Qalaati; Jalal Aldin Ghiasi
Abstract
The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot ...
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The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.Key words: Rome statute, mental element, intent, knowledge, willing.
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.
Abstract
The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last ...
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The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last principle, everyone is responsible only for behavior that is personally committed and no one can be taken to task for other’s behavior. However, a new category called “vicarious criminal liability " has been raised in modern criminal law which seems to contradict with the last principle. Some lawyers arguing that the issue is an exception to the principle of personal criminal responsibility have tried to defend it. The basis of this view is that they were mistaken in understanding the concept of “vicarious criminal liability “. Such mistake in conceptology has given rise to the new mistake on the scope of this type of criminal responsibility. In this article, explaining the common and erroneous interpretation of the concept, we have tried to draw the real concept and scope of this type of criminal responsibility.
Ali Afrasiabi; Abolfath Khaleghi
Volume 3, Issue 9 , January 2015, , Pages 82-98
Abstract
In the management of crime prevention knowledge, scientific sources and reports on administrative situational prevention projects are collected, organized and divided into portions. The question which is risen is why the management of situational Prevention knowledge is necessary in Iran’s police ...
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In the management of crime prevention knowledge, scientific sources and reports on administrative situational prevention projects are collected, organized and divided into portions. The question which is risen is why the management of situational Prevention knowledge is necessary in Iran’s police and how is this knowledge managed. Iran’s Police is a governmental, hierarchical and concentrated Organization. Network based and horizontal relationships are limited in such organizations, and Initiative in carrying out administrative duties is replaced by routine activities. In the absence of knowledge management mechanism, police officers are unwilling to exchange experiences. Requirement based on increasing of efficiency is another reason which doubles the necessity of knowledge management in Iran’s police. Due to the management of prevention knowledge, in the first step, police activities shall be executed in the framework of process identified in this paper. In the next step, executive branches of police force send reports on successful projects to the center of applicable studies which is in the office of prevention police in order to be investigated and displayed on the website, afterward. Collection and displaying the crime prevention studies on this website alongside reports of successful projects makes the cycle of knowledge Management. Continuation of this cycle leads to activation of knowledge in police organization.
kamran mahmoudiyan; mohammadali ardebili; mohammad ashouri; nasrin mehra
Abstract
A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that ...
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A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, France A new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, FranceA new interpretation of the Penal Code in 1392 on the causes of crime modal "or sentence authorized by law" is. the popular theory is that the legal permissibility of three (obedience, strict liability officers, compliance with legal aspects) DadhAym critical rereading. "committing conduct that is criminalized by law, is punishable as follows ..." is used, while the same ambiguity in the criminal law of Syria, France
seyyed mansour mirsaeidi; mohammad javan mardi
Abstract
Paragraph 3 of Art. 49 of the Securities Market Act explains two crimes with the same punishment: "violation of legal regulations in the process of preparation of documents, registration, declaration or prospectus of offering to SEO" and the other is "violation of legal regulations subject to study or ...
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Paragraph 3 of Art. 49 of the Securities Market Act explains two crimes with the same punishment: "violation of legal regulations in the process of preparation of documents, registration, declaration or prospectus of offering to SEO" and the other is "violation of legal regulations subject to study or preparing financial statements, economic statements in regard to verification of documents and information". In this paper, the actus reus and mens rea of the second crime have been studied. "Violation of legal regulations about comment or preparation of financial report, technical or economic information and documents that could be presented to the organization" and also "violation of documents and information authentication which are presentable to SEO" are the actus reus of this crime and «the existence of legal responsibility about commenting or financial, technical or economic reporting", "the existence of employment relationship with the company" and "commenting or reporting or verification of documents and information before presenting them to the organization”, are the most important circumstances and terms concerning committing the crime. The given crime is in the category of the absolute crimes and the intention to commit and being aware, and having knowledge regarding the subject of crime (common mens rea) would suffice to realize the offence.
Bagher Shamlo; Neda Mohtashami
Volume 1, Issue 2 , January 2013, , Pages 123-158
Abstract
Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity ...
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Interaction ism theory.as an inspiring pattern for thought of restriction ofscope of intervention of criminal justice system and more tolerance towardsoffences- and Zero tolerance policy -as a manifestation of broken windowstheory and an appearance of criminal system revival movement and greaterseverity (strictness) in reaction to criminal behaviors and deviances- areconsidered two contral)' approachs in criminology and criminal policy.Description offoundations and concepts of this theory and policy and thenanalysis and reciprocal assessment of them in comparison with each otherwill reveal their positive and practical points and also their defects andabsolutism in two above mentioned fields.In addition, this precise survey, will remind the capability and necessity ofleading them to a more moderate strand and also proper profiting from thistheory and policy in an integrated criminal policy. Ultimately, this study,will introduce restorative justice-in the shape of a combination of restorativeprocesses and outcomes-as a fair and efficient measure to modify theirintemperances and so to manage crimes in its optimal fonn.
Masoud Mostafapoor; Seyed Mohamad Hoseini
Abstract
Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve ...
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Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve have proven that among the four age groups "children and adolescents", "the youth", "the middle-aged" and "the elderly", the first age group is more involved in violent crimes than the other groups. In this regard, this article seeks to consider violent crimes of children and adolescents, with a focus on the study fields of "neurological impairment", "attention deficit hyperactivity disorder" and "brain chemistry", as three branches of "neurophysiology", an issue that in contemporary criminology known as "Neuro criminology". Although biological criminologists disagree about the ways of communication between neural disorders with violent crimes of children and adolescents, most of them believe that amount of the impact of each the above three fields is completely "relative" and true in interaction with the psychological and social factors.
azam mahdavipor; najmeh shahrani karani
Volume 3, Issue 10 , April 2015, , Pages 129-156
Abstract
Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation ...
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Economic crimes are important and global issue. Discovering and prosecution of economic crimes are imperative difficult. Often it involves government officials, head of business and companies who have some tools for covering their actions. One way of fight against economic crime is formal cooperation of offender with judicial as informant. This method, in one hand, guarantees security and it will insert economic offenders in unsafe situation in the other hand. Encouraging these people, who have more information about criminal action than anybody else, is important. UN convention on corruption recognized the important role of such people in the fight against crimes and provided certain rules such as article37, under cooperation with law enforcement authorities about this subject. This paper deals with the role of informants in Criminal Procedure of Economic Crime.
Hamid reza Zojaji; Mahmood Malmir
Abstract
In the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ...
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In the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ceased to this subject that those institutions are not the example of Shari’ah-based Ta’azirat. However, the legislator has not provided any definition of Shari’ah-based Ta’azirat, and it is the responsibility of the prosecutor to determine its recognition and understanding of its implications. This has led to numerous and conflicting procedures in the courts. Therefore, the recognition of the basics and the examination each legal its examples and comparison with nonShari’ah-based Ta’azirat requires the necessity of this research. Based on The result of the research, the definition of the Shari’ah-based Ta’azirat is those guilty and forbidden conduct that have been determined Ta’azir in the correct and valid narratives. That is, the type of punishment is also specified, but its size and precision are not stated and are left to the judge. The examples of the Shari’ah-based Ta’azirat in the Islamic Penal Code are based on narrations and this limitation merely refers to these legal examples.
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).
