Hossein gholami; hasanali moazenzadegan; Davood doagooyan; Davood Asadi
Abstract
Basis and Purpose: today's the executive arm of the state police to restore order in society is considered. So good or bad police behavior can be a symbol of good and bad governance in society. Accordingly, in recent years the approach of the police in due process and prohibiting the use of violence ...
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Basis and Purpose: today's the executive arm of the state police to restore order in society is considered. So good or bad police behavior can be a symbol of good and bad governance in society. Accordingly, in recent years the approach of the police in due process and prohibiting the use of violence and to benefit from scientific methods is located. However, some officers in dealing with those accused of acts of violence are factors that contribute to the risk of violence into three categories: individual, within and outside the organization are divided. The purpose of this article enumerating factors affecting police violence and ways to prevent it. Methods: This type of research has an applied and descriptive method. The populations of 1200 people were selected from two groups of workers and intellectuals. The number of samples using a sample of 270 people and a systematic random sampling method. Found: The most important findings from the data analysis indicates that the difference between two groups was significant with 99% of employees and educators Organizational and internal factors of violence, judicial officials expect the police to quickly discover the crime in the first place, Disrespectful and insulting police during arrest and interrogation of the accused in second place and waiting for the police to discover fast mass media are ranked third in importance. Conclusion: The results of data analysis show In general, both factors external to the 58.8 percent in the likelihood of violence are effective.
asghar ahmadi; ghodratallah khosroshahi
Abstract
Green or ecological victimology is a branch of Green criminology which emerged with a critical origin of the criminal justice system to oppose the classic victimology in 1990s. While classic victimology considers human as victim, the green one, by going beyond this approach, holds that human ...
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Green or ecological victimology is a branch of Green criminology which emerged with a critical origin of the criminal justice system to oppose the classic victimology in 1990s. While classic victimology considers human as victim, the green one, by going beyond this approach, holds that human and nature and its components including water, air, soil, earth, trees, plants, animals, and certainly future generations could be green victims. As a result, there are two of philosophical and legal approaches which might be applied. The philosophical one which discusses intrinsic value asks if the environment could be recognized as a victim or not. There are two answers; being anthropocentric, nature is regarded as a human right, meaning that only human could be green victims. However, the nature-oriented approach puts human and nature in the same level and believes that nature could also be green victim. In addition to the philosophical approach, there is the legal approach which, apart from the philosophical point of view, identifies green victims by the means of law. This study attempts to identify the green victims and explain the range of legal protections for green victims and the challenges which are ahead.
arin ghasemi
Abstract
Political crime, regardless of common meaning of crimes against the state which has been discussed more in the legal system of Iran, includes another class of crimes which is committed by the state and agencies against the citizens’ fundamental rights. Such class, by ethical evaluation, shall be ...
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Political crime, regardless of common meaning of crimes against the state which has been discussed more in the legal system of Iran, includes another class of crimes which is committed by the state and agencies against the citizens’ fundamental rights. Such class, by ethical evaluation, shall be called the negative political crime. Criminalization of a deed as a political criminal, based on article 168 of the Constitution, causes the public trial to be held at the presence of jury. Such a significant issue leads to the judgement of public opinions regarding the process of trial and prevents its failure. Moreover, it causes the public awareness about the violation of fundamental rights which might be committed by the political streams which are in the state institutions. Hence, citizens will be able to make more accurate decision about their political rights and the right of self-determination considering the political streams.
abbas moazzen; Majid ghoorchi Beygi
Abstract
Sentencing is the most important process in criminal law. On the other hand, the state can have more intervention and force to its citizens. Sentencing not only is the most controversial and sensitive area of criminal law but also is the vaguest area in criminal justice system. Sentencing is not as easy ...
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Sentencing is the most important process in criminal law. On the other hand, the state can have more intervention and force to its citizens. Sentencing not only is the most controversial and sensitive area of criminal law but also is the vaguest area in criminal justice system. Sentencing is not as easy as it appears. Each crime, each criminal, each criminal trial is completely different from another one. Sentencing is an important concern for those who seek the judicial reforms. Recently, in the most countries around the world, the sentencing practices became reformed and sentencing based on gender, race, ethnic, socio-economic statues disappeared to some extent. There are four important schemes of sentencing: definite sentencing, indefinite sentencing, presumptive sentencing, and mandatory sentencing. This article tries to explore these schemes and explain the characteristics of each scheme. This article has comparative approach to UK criminal justice system and Iran criminal justice system.
mohsen sharifi
Abstract
It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the ...
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It is not deniable that explicit reflection of the legal persons' criminal liability including corporations, regarding the general crimes, explanation of criteria for assuming such liabilities and providing various executive warranties along with the Islamic Penal Code is a turning point in the Iranian criminal law development. However, there are some questions concerning the corporations' criminal liability under specific situations which must be answered by the lawmaker. The first question is that, whether this liability is exerted from registration date and the related arrangement or it is retrospective. The second question is that, what are the effects of breakup on a corporate liability? Is it regarded as the death of real persons which causes the extinction of criminal liability of legal persons during settlement? The third question is "what are the effects of merger and its various types (unilateral, bilateral or multi-lateral merger) on merging company's criminal liability, with regard to the scopes of special laws as well as the Fourth and Fifth Development Plan of the country, and the Trade Bill?
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.
