hasan pourbaferani; ebrahim sharifi
Abstract
In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are ...
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In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are discredited. Sometimes, domestic criminal laws require the courts to consider international criminal laws and sentences as well. For example, in an accuser’s trial in one country, they may avoid retrial or Flowing the crime committed by their nationals in overseas if the committed act is a crime in that country as well. This is very important during the preliminary investigation Process. In this Process, foreign criminal law or sentence is valid from two aspects: one is before making the final decision, and the other one is the Process of making the final decision in the form of final appointments of the court. At every Process, there are some effects on each of the mentioned measures, about which there are different opinions.
khosro momeni; hasan pourltfallah
Abstract
There are plenty of dissidences about the conflict of confessions’s decree. Law-giver has adopted quite a different stand to this problem in modern Islamic penal code in contrast with the former code and the jurisconsults’s dominant opinion. Because the jurisconsults’s dominant opinion ...
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There are plenty of dissidences about the conflict of confessions’s decree. Law-giver has adopted quite a different stand to this problem in modern Islamic penal code in contrast with the former code and the jurisconsults’s dominant opinion. Because the jurisconsults’s dominant opinion is based on traditions that are encountered a serious doubts, we believe that it is difficult to admit it, too. But, in our opinion the modern law-giver’s stand can be criticized, too. Because we don’t have access to a valid traditional evidence, in our opinion when there are conflicting confessions and we don’t have certainty about collusion among who confess we should remove retaliation and blood money on who confess and permit to avenger of blood to refer to public treasury, and if we have certainty about collusion among who confess, we should decree that avenger of blood can refer to each of them accordance with his confession. Keywords: Confession, Conflict of confessions Murder, Paying the blood money from the public treasury
ahmad mottazi; amir amiran bakhshayesh
Abstract
Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in fall ...
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Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in fall Of punishment Subject. Decriminalize indicate this fact That to reduce the harmful effects of punishment or decrease severely of punishment and or Otherwise be justified punishment The second mode is where after the crime be removed generally punishmen of the crime. in `removing of condemnation` what is considered, The removal of the accused and suspects from investigation process and acquitted the accused and fix conviction of his. Dar rule, in some cases, removed certain punishment while apply another penalty and in some cases, totally `removing of condemnation`. `. Legislative approach to such that extended also Dar rule to non- Hodud and this approach is in accordance with Dar absolute evidence rule because characterized according to the Qur'an and hadith evidence, The term "Had" In the documentary base, can not be only mean certain punishment and includes absolute punishment. Qisas crimes,
Mahdi Sheidaeian; seyed jafar eshaghi; Zahra Rajaei
Abstract
The right to be free from torture is known as an inalienable right. In article 38 of our Constitution, it has been declared absolutely forbidden. Hence, struggling against torture is of meritorious legal and cultural status. Amid non-suppressive methods, the situational prevention is known as an applicable ...
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The right to be free from torture is known as an inalienable right. In article 38 of our Constitution, it has been declared absolutely forbidden. Hence, struggling against torture is of meritorious legal and cultural status. Amid non-suppressive methods, the situational prevention is known as an applicable approach with visible returns. Due to these features, this paper, based on accepting the possibility of exercising the situational prevention on torture crime, deals with recognizing effective situational preventive contrivances in decreasing this crime; contrivances like: contrivance for increasing hardship in committing crimes like immediate access of defendant to judiciary officials, contrivance for omitting justifiers like decreasing the demonstrating value of confession, contrivance for decreasing benefits ensued from crimes like nullifying the information ensued from torture, contrivance for increasing the risk of committing crime like supporting the presence of lawyers in the early processes of judgment and video surveillance during investigation process. In this text we have shown that the best place to predict these contrivances is Code of Criminal Procedure and accordingly recently enacted Iranian Code of Criminal Procedure is examined from this perspective and meanwhile embossing the innovations of this area, we have pointed out some of the removable shortcomings.
Abdolreza javan jafari; Muhammad Saleh Esfandiari Bahraseman
Abstract
In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing ...
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In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing the death penalty for some drug traffickers in early years of the revolution and during of the imposed war and executed in public by considering the "punishment and social solidarity" theory. In those times, death penalty have been as the emotional expression and reflection of community anger against violation of social values. However, death penalty has presented the most important function in those social situation. During the time, the attitude of people and elites towards the punishment and especially death penalty on drug crimes in terms of advection of socio-cultural evolutions and the change of values in the context of society was upgraded. One of the most important signs of mentioned evolution is the lack of execution of the death penalty in public.
Ali Asghar Azami; masoud heydari; mohamad javad jafary
Abstract
The multiplicity of result is a situation that several results can be achieved from one criminal behavior. Is the multiplicity of result an example of the spiritual or physical multiplicity of crimes? There are different opinions among lawyers. Formerly, it has been considered as multiplicity of crime ...
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The multiplicity of result is a situation that several results can be achieved from one criminal behavior. Is the multiplicity of result an example of the spiritual or physical multiplicity of crimes? There are different opinions among lawyers. Formerly, it has been considered as multiplicity of crime by judicial president and equal to criminal behavior with various titles. In 1392 (Hijri Shamsi), Iranian Parliament with providing a criminal legislative policy and enacting article 134:1, determined the multiplicity of result as physical (material) multiplicity and ended these dissensions. The multiplicity of result could be realized within the multiplicity of victim of an offence and subject of crime and this condition is different with the situation that is resulted several implications from one criminal behavior. Although, the multiplicity of result is similar to spiritual (moral) or physical (material) multiplicity in different ways, but is a different conception from those two. The purpose of this research is description and analyzation of this subject and its constituent elements, investigation of its real position and implications and expression of its differences and similarities with the multiplicity of crime such as spiritual (moral) or physical (material(, that would be studied by descriptive and analytic method.
Abstract
اختیارات دادستان در فرایند عدالت جنایی بر حقوق و آزادیهای متهم و میزان سلامت فرایند مذکور موثر است. اگر اختیارات دادستان بیش از میزان لازم برای تضمین حقوق عمومی باشد، ...
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اختیارات دادستان در فرایند عدالت جنایی بر حقوق و آزادیهای متهم و میزان سلامت فرایند مذکور موثر است. اگر اختیارات دادستان بیش از میزان لازم برای تضمین حقوق عمومی باشد، حقوق دفاعی و آزادیهای متهم و حقوق مادی و معنوی بزهدیده مخدوش میشود. مقاله حاضر به دنبال پاسخ به این سوالات است که دادستان در فرایند عدالت جنایی چه جایگاهی دارد و چه اختیاراتی برای دادستان مناسب است؟ آیا اختیارات دادستان در نظام رسیدگی کیفری ایران، با جایگاه وی تناسب دارد؟ یافتههای تحقیق حاکی از این مطلب است که دادستان طرف دعوای عمومی است و اختیارات وی باید محدود به تعقیب جنایی و اقامه دعوای عمومی در مراجع قضایی باشد. در فرایند عدالت جنایی مرسوم در ایران جایگاه دوگانه برای دادستان پیشبینی شده است. به گونهای که از طرفی جایگاه طرف دعوای عمومی و از طرف دیگر جایگاه بیطرف مقام قضایی، قاضی تحقیق یا نظارت کننده تحقیقات مقدماتی و ارائه دهنده تعلیمات لازم به بازپرس و ضابطان قضایی پیشبینی شده است. در نظام عدالت جنایی موجود جایگاه قضایی با جایگاه مدعی عمومی سازگار نیست و نمیتوان پذیرفت که مدعی عمومی در عین حال تحقیقات مقدمات را انجام دهد یا بر مقامات تحقیق نظارت کند.
hasan moradi
Abstract
Standardization of multiplicity of injuries for how to get a retaliation or compensation has been a significant part of the jurisprudential doctrines about rules of Qisas. Contrary to the rule of multiplicity of crime which is one of the factors of aggravation of punishment, multiplicity of injuries ...
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Standardization of multiplicity of injuries for how to get a retaliation or compensation has been a significant part of the jurisprudential doctrines about rules of Qisas. Contrary to the rule of multiplicity of crime which is one of the factors of aggravation of punishment, multiplicity of injuries has various assumptions: Sometimes a injury may be committed by one person against another person or others or by a few people against a person. It may also result from a blow or multiple blows, at a time or at different times. The jurists of the Imamieh religion have expressed different opinions in this regard. Some of them believe in interfering absolutely, Some of them believe in not-interfering absolutely, and Some of them, have a different opinion depending on the unit or multiple and consecutive or alternate blows. In the Islamic Penal Code, with the following the famous opinion in Imamieh jurisprudence and by accepting the not-interfering opinion, except in exceptional cases, provided that the multiple intentional injuries result in a multiplicity of retaliation. In this article, by analyzing the related jurisprudential doctrines, the criteria set out in the above mentioned law have been criticized and proposals for amending the law are provided.
hossein khodayar; rahim nou bahar
Abstract
In some hadith, the execution of prescribed punishments (hodoud) is considered a source of blessing for society. In the traditional view, these hadith bestow sanctity on prescribed punishments, rendering them inflexible. Moreover, other hadith that condemn the cancellation of prescribed punishments have ...
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In some hadith, the execution of prescribed punishments (hodoud) is considered a source of blessing for society. In the traditional view, these hadith bestow sanctity on prescribed punishments, rendering them inflexible. Moreover, other hadith that condemn the cancellation of prescribed punishments have contributed to a rigid interpretation of their legality, leading to their unconditional execution. Taking an analytical-critical approach, this article suggests that the concept of had might in actuality refer to all divine rules and laws of sharia, not merely prescribed punishment. As such, the aforementioned hadith might be suggesting that all divine rules and laws of sharia shall be executed systematically. In this case, the application of these hadith is not limited to prescribed punishments, and no differentiation should be made between discretionary punishments (ta’zirat) and prescribed punishments. The aim of those hadith that condemn the cancellation of prescribed punishments may not be to make them inflexible, but rather to preserve the justice process and to prevent unjustified discrimination in the execution of punishments. It is too far from the wisdom and mercy of the Holy Lawmaker to emphasize implementation of a few specific punishments among all His laws to the exclusion of other laws and non-prescribed punishments.
Hossein Mirmohammad Sadeghi; Ali Rahmati
Abstract
The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness ...
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The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.
khiralah hormozi; seyed hojat alavi
Abstract
In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action ...
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In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action in the criminal court related to damages of a crime, since according to general principles governing Civil Procedures Law, if claimant or his/her successor is not considered as a beneficiary in the filed action, or if the action has no regard with the defendant, it would result in abatement of action, and if the claimant does not file the action in competent courts based on rules and regulations, it would result in judicial disqualification. Findings of this research indicate that generally, parties to a private action due to a crime are comprised of four groups including Personal claimant (victim of a crime who has undergone damages due to the crime); Successors of the personal claimant (including 1. Heirs of the victim, 2. Creditors, 3. Legal persons); Personal defendant (committer of the crime or his/her accomplice), Successors of the personal defendant (heirs, debtors, and persons with civil liability).
