Nabiollah Gholami
Abstract
Bipolar Personality Disorder from the Viewpoint of the Criminal Liability Seyyed Mansour Mirsaeidi[1]– Nabiollah Gholami[2] (Received: 23/ 05/ 2017 - Accepted: 8/ 11/ 2016) Abstract From the view of Iran's criminal law, a person suffering from the mental disorder, ...
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Bipolar Personality Disorder from the Viewpoint of the Criminal Liability Seyyed Mansour Mirsaeidi[1]– Nabiollah Gholami[2] (Received: 23/ 05/ 2017 - Accepted: 8/ 11/ 2016) Abstract From the view of Iran's criminal law, a person suffering from the mental disorder, to be considered as insane, must lack the will and distinguishing power. This general principle is common in all mental disorders. However, determining how many mental disorders divest will and distinguishing power is not an easy job. A bipolar personality disorder is one of the mental disorders which is inflicted in many misconceptions and challenges from the view of determining criminal liability. In this paper, by investigating the criminal responsibility of patients suffering from the bipolar personality disorder, we conclude that this disorder cannot be a factor to eliminate criminal liability except for hududd crimes. However, in other crimes, it can be considered a factor to moderate the criminal liability. [1]. Assistant Professor in Criminal Law and Criminology, Allameh Tabataba’i University, Tehran. [2]. Ph.D. Student in Criminal Law and Criminology, Allameh Tabataba’i University, Tehran, (Corresponding Author): nabiollah.gholami@yahoo.com
Abstract
Emersion of industrial revolution in 19th century A.D, besides economic evolutions of advanced societies, has been accompanied with change or amendment of some current institutes and notions of criminal law. Among these fundamental changes is this fact that about new crimes due to mechanized life, there ...
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Emersion of industrial revolution in 19th century A.D, besides economic evolutions of advanced societies, has been accompanied with change or amendment of some current institutes and notions of criminal law. Among these fundamental changes is this fact that about new crimes due to mechanized life, there is no need to mental element attaining ( subjective interaction), but standard individual behavior is evaluated regardless of delinquent personal features. This theory called typical fault. This paper seeks to examine this issue in criminology perspective and to analyze selection of standard behavior pattern by focusing on theoretical approach of rational selection and through this criminological realization, express the impact of fault basis change in preventing from unintentional crimes incidence or reduction of its severity along with providing its limitations.aaaa preventing from unintentional crimes incidence or reduction of its severity along with providing its limitations.reventing from unintentional crimes incidence or unintentional crimes incidence or
Abstract
The growth of information technology, use of internet and social communications by computer- oriented process cause to increasing using of social networks. So, the use of these networks has become a part of life style. Joining to social networks and communicate with people thorough cyber communications ...
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The growth of information technology, use of internet and social communications by computer- oriented process cause to increasing using of social networks. So, the use of these networks has become a part of life style. Joining to social networks and communicate with people thorough cyber communications can share the knowledge and professions. However, one of the most important effects of social networks is sexual victimization of women. Findings of this research shows that one of the most important types of women victimization is sexual victimization. So, this research analyses the is sexual victimization of women in Tango and evaluates the preventive measures. According to findings, general profile, not attention to privacy by users, finding users from several ways, not supervising in sending pictures and videos by Tango and loss of good mechanism to find offenders has increased the capacity of Tango in sexual victimization of women... . . . .
mohammad ali hajedehabadi
Abstract
A criminological study of preventive ways of the crimes against humanityAbstract:The crimes against humanity , a distaster of the 20th century and present times, have lead to the terrible human tragedies in the human societies. To find some vital strategies to prevent such crimes is a must since the ...
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A criminological study of preventive ways of the crimes against humanityAbstract:The crimes against humanity , a distaster of the 20th century and present times, have lead to the terrible human tragedies in the human societies. To find some vital strategies to prevent such crimes is a must since the high number of the victims and the casualties of these crimes is considered as a great threat to the international peace and security. To prevent these highly complex nature crimes requires a comprehensive plan, which seems to be impossible. However, this fact should not stop us from attempting to reach the necessary strategies to prevent such crimes. These strategies are studied from two perspectives: penal and non-penal ones. In the non- penal approach, according to the common and classical criminological classification, social and situational issues will be analysed here in. so as to materialize the ways to prevent these crimes.
Abstract
Public protection has become a key theme of much recent criminal justice legislation and policy aimed at the effective management of high-risk offenders. Harm reduction policy during more than three decades in the world to reduce the risk of abnormal behavior.Harm reduction is a health-centered approach ...
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Public protection has become a key theme of much recent criminal justice legislation and policy aimed at the effective management of high-risk offenders. Harm reduction policy during more than three decades in the world to reduce the risk of abnormal behavior.Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring that users abstain. Harm reduction is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those that promote safer substance use, to those that promote abstinence.This article by descriptive-analytical method, the first describe implementation of harm reduction policy according to successful policies ofPortugal and Canada.The secondthis research comparisonharm reduction policy between Iran and those two government.Thispaperproposes"bill ofdecriminalizing fromdrug lawandtreatment ofdrug abuse," andits amended should be put on the agenda. Firstly, policy-makers should decriminalization touseofsomelow-riskdrugs because relevant authorities canwithaction freedomto implementharm reductionpolicy, and secondly, the behavior ofalldrug users should be diversion toaccess todrug user. Thirdly,age of drug users descend thuspolicy-makers should be consideryouthinharm reduction programs.
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.
mohammadreza Rahbarpour; Hossein Noormohammadi
Abstract
With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are ...
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With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are numerous serious legal criticismsregarding the foundations of new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality. Theadmission of corruption on earths an independent crime deserving punishment, requires that the legal document, regardless of the legal issues and opposing views, be criticized legally andits unknownaspects should be discovered. The unbridled development of the ways of the realization of the material element;neglectingthe different quality of the realization of this crime in the Penal Code with its instances in other special criminallaws;the lack of tangible and measurable criteria to differentiate between multiple the defendant who commitsmultiple crimesand benefits from the law of the multiplicity of crimesand its merged effects and the defendant who is, in a similar situation, suspected to commit corruption; finally, the use of interpretable terms and phrases such as "widely" and "largely" are only part of the legaljudicial challenges and ambiguities ofthis legal document
Abstract
At Murder, Holders of the right to qisas, Can request that a murderer be executed or By agreement with the killer, Qisas will convert to blood money. also, they Can pardon the murderer And forgive murdeder. In addition, In manslaughter,There is also the right to demand blood money And the right of forgive. ...
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At Murder, Holders of the right to qisas, Can request that a murderer be executed or By agreement with the killer, Qisas will convert to blood money. also, they Can pardon the murderer And forgive murdeder. In addition, In manslaughter,There is also the right to demand blood money And the right of forgive. Now the question is that If murdered is debt, Are these rights will be continued? In response to the question, Regarding the relationship between Qisas with public order And the supremacy of public interest over private interests, Right to qiṣāṣ is preferable. However, Blood money is in front of murdered's right to life, For this, is Placed in murdered asset. As a result, Blood money should be used to pay debt of murdered. Forgiveness of murderer without compensation, is Unlike normal behavior. For this,The fault is considered. As a result,They have no right of Forgiveness of the murderer Unless they obtain the consent of creditors
Abstract
The gradual development of regional criminal justice with an emphasis on African Court of Justice and Human RightsPursuit some African heads of states and claims of selective justice International Criminal Court caused deep dissatisfaction with the African Union. Union positions and some African countries ...
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The gradual development of regional criminal justice with an emphasis on African Court of Justice and Human RightsPursuit some African heads of states and claims of selective justice International Criminal Court caused deep dissatisfaction with the African Union. Union positions and some African countries in the form of withdrawal of the proposed International Criminal Court, and finally in 2014 established the African Court of Justice and Human Rights Malabo protocols were followed. African Court Protocol has not entered into force because of Malabo has not yet started.This article about the protest Africa to the administration of justice of the International Criminal Court and efforts to realize the criminal justice area and thereby jurisdiction African Court of Justice and Human Rights and challenge the immunity of heads of protocol Malabo and cooperation enshrined in the Rome Statute (1998) will be analyzed.KeywordsAfrican Union, African Court of Justice and Human Rights, regional criminal justice, International Criminal Court, Immunity
khirallah hormozi; hasanali moazenzadegan; seyed hojat alavi
Abstract
In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become ...
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In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become competent to consider legal cases. Private lawsuit due to a crime may be filed by the victim in order to compensate material or spiritual losses, or the loss due to possible profit. Such cases, in terms of nature, are considered as a civil liability of the offender and in terms of formalities, require observance of civil procedures proceedings. A Private lawsuit due to a crime is considered as a legal case. Private lawsuit due to a crime has similarities and differences with public lawsuit. A private lawsuit, in terms of its goal, claimant and defendant and competency, is different from a public lawsuit and in terms of its origin and competency of the criminal court, is alike the public lawsuit.
