hasan pourbaferani
Abstract
Investigating the criminal laws of different countries show that nationality principle is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The ...
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Investigating the criminal laws of different countries show that nationality principle is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The rule of No Double Jeopardy which had been rejected in the wake of Islamic Revolution (1979) came into existence once again . However, some other evolutions could also come to view in the same line with the consideration of jurisdiction based on the nationality of victim such as the application of jurisdiction is subjected to the claim of plaintiff and also the opinion of public prosecutor’s office; these two conditions were not in contrast to Shaira standard at least in the field of Tazirat.
shadi azimzadeh; hedie hedayat
Abstract
Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and ...
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Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and moral restitution including emotional and mental restitution mechanisms which is not only one of the easiest and the most prominent species of protection of victims but also is prevention from re-victimization and reducing damages to a child and healing from emotional and mental damages. Restitution must be provided by the offender and if this is not possible on behalf of the offender, it must be provided by the government, insurance and special funds. Effects of mechanisms of restitution appear on the child victim directly and the more extensive, will prevent the extension of the harm caused by crime against the child. Hence, sentencing for offenders of crimes against children has a close relationship and worthy of study with restoration and restitution mechanisms.
ali mohamadian
Abstract
One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred ...
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One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred but they have disagreement on the occurrence of crime toward the third party. Most of past Islamic jurists held that Qazf has been proven but recent Islamic jurists believe the other way and failed to accept this idea .The Islamic Penal Code adopted in 1392 is in the same line with the latter group. On the strength of art. 249 stipulates that if one attribute sex to another one by saying you have had sex with a women or a man, only the person who has been accused has the right to claim at the court .This text with a descriptive and analytical charecter and with the library method follows the arguments of these two groups and criticizes and investigates them. The results show that reasons of recent group is not complete, and the verity of customary of given terms in Qazf proves the validity of former group’s perspective.
ghodratolah khosroshahi; hosseine javadi hossenabadi
Abstract
The present study aims to examine the relationship between religious identity and youth crime prevention on Isfahan University students. Method of research was descriptive of correlation and with self-reporting. All of the students of Isfahan University formed the number of statistical community (N= ...
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The present study aims to examine the relationship between religious identity and youth crime prevention on Isfahan University students. Method of research was descriptive of correlation and with self-reporting. All of the students of Isfahan University formed the number of statistical community (N= 11241) and just 731 individuals were selected (n=371) as the random example. The tools of researcher for collecting information on the religious identity was based on the religious identity components Glock and stark; in the case of perpetration of crime, it was based on the self-reporting which was confirmed by five scholars and its validity and subject experts with religious identity for cronbach's alpha coefficient of 0.83 questionnaire and the questionnaire was calculated 0.85. In order to analyze the data from the descriptive statistics include frequency, percentage and mean and statistical inference including Pearson, factor analysis of variance analysis and multiple regression test was used. The findings showed that between religious identity and committing crimes (r =-0.402) there is a significant relationship. As well as between religious identity i.e. the ritual dimension, experimental, and consequence dimensions with committing crimes to arrange with the coefficient (r =-0.318), (r =-0.284), (r =-0.403) and (r =-0.375) there was a significant relationship. The result of step by step regression coefficient was also indicated in the first step and the next step after the second ritual faith is a crime rate Predictor. The findings also showed that the proportion of demographic factors in committing crimes among men is more than among women. This is while the average women in religious identity more than men to acquire.
abolghasem khodadi; maryam eftekhar
Abstract
Abstract
Clinical victimology aims to identify the pain and suffering caused by crime, compensation of damage for crime victims, and eventually, treatment and rehabilitation of the victim. But, investigating this issue has been, to some extent, neglected in the criminological literature of Iran. ...
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Abstract
Clinical victimology aims to identify the pain and suffering caused by crime, compensation of damage for crime victims, and eventually, treatment and rehabilitation of the victim. But, investigating this issue has been, to some extent, neglected in the criminological literature of Iran. Hence, this article attempts to specify the conceptual framework and phases of clinical victimology. In this regard, different damages imposed to the victims are reviewed by providing a new understanding of post-traumatic stress disorder. One of the most important subjects of clinical victimology is recognizing the symptoms and etiology of this disorder, as the most important reaction after a criminal event. After understanding this important issue by using medical science, psychiatry and psychology, a variety of emotional and psychological support measures, pharmacotherapy and psychotherapy are provided to reduce the impact of incidents of criminal damage and attempt to rehabilitate the victim (of an offences), and at the end of the day, the Amending the Legal Medicine Organization is suggested to promote clinical services to victim (of an offences).
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.
