hasan moradi
Abstract
Sometimes the harm inflicted on a person of not treating or not effecting it, Infection and spread to other parts or other organs, or the self-perpetrator, and may be, cause amputation or breathing. This in intentional crimes against retaliation before or after retribution. Altogether, it about Johnny, ...
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Sometimes the harm inflicted on a person of not treating or not effecting it, Infection and spread to other parts or other organs, or the self-perpetrator, and may be, cause amputation or breathing. This in intentional crimes against retaliation before or after retribution. Altogether, it about Johnny, and he will die due to the transgression of retaliation, or the corruption of a member of my community, leading to his amputation or other members. The question is whether the spread of deliberate crimes with the inclining of unintentional crimes complies with a ruling, and whether in the two of them the principle is based on the interference of the organ in the memberor the member in the soul or the principle is that it does not interfere, or Should it be detailed in detail? Imams 'jurists' fatwa often is difernt. this article, while explaining the concept of contagion, the judgment examines various instances of it in terms of the opinions, and the views of Islamic law-makers, especially the legislator of 1392, do not apply to the inconsistency of intentional and unintentional crimes, except in cases where The resulting result and the damage or damage sustained by the citation relationship is confirmed.
behrouz beygizadeh; hassanali moazenzadegan; Gholam Hassan Kooshki
Abstract
As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering ...
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As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering the crimes of legal entities and their crimes, in this research, the foundations and distinctive features of the criminal procedure of criminal offenses of legal persons are examined in the preliminary stage of the preliminary investigation. According to the descriptive-analytical method, the differentiation of the prosecution system into the credibility of the personality of the perpetrator, the specific characteristics of the legal person and the impossibility of the implementation of some rules and rules of procedure regarding them, which inevitably requires the legislator to adopt a special code for The prosecution of the crimes of the abovementioned persons has stipulated that, in practice, it is not possible to attract legal persons, and if there is sufficient reason to charge the charges to legal persons, a legal person is warned to introduce his lawyer or lawyer to explain the charge, and in The reason is sufficient reason to charge a person with legal rights.
masood bassami
Abstract
Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and ...
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Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and generates the rule of “plurality of result” because there is a similarity between this two juridical foundations. Therefore, it is imperative to carry out a study of the conditions for the realization of the immaterial plurality. The question of this research is what are the conditions for the realization of immaterial plurality and what is the point of differentiation and sharing with similar titles? The results of this study indicate that the conditions for the realization of the immaterial plurality are numerous; one of the most important of these is committing a unit behavior and violating more than one article of the Criminal law. Also, the most important aspect of differentiation of the immaterial plurality of the plurality of result is that, in the plurality of result from the unit behavior, various results are obtained, but in the immaterial plurality of the unit behavior, the unit result is obtained.
mohammadali hajidehabadi; ehsan salimi
Abstract
A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure ...
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A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure to meet the goals of punishment, but leads to undesirable and adverse effects on the perpetrator. Determining the appropriate punishment and the optimum level of efficiency, is very complex issue and requires attention to many components. The present article, which Seeks to the identify purposeful penalization model, insists that the legislator must, in each crime, before any other issues should determine his "Main purpose" and choose the type of punishment according to that goal, and avoid from totalitarianism for acquisition of opposite objectives. Regarding the amount of punishment, the legislators should also consider the ease and advantages of committing a crime, the dark figure of crime, the commonness of crime and the relationship of crimes with each other, while at the same time, in line with the principle of individualizing punishment and increasing the positive effect of punishment, The judge must give more authority to determine the amount of punishment.
zeinab sheidaeian; Ali Abdollahy
Abstract
Relations between the prosecution service and the police follow different models in accordance with the ruling system- Accusatorial or Inquisitorial-. This paper uses the strategy of logical analysis and library method to introduce hierarchical communication model that is in accordance with inquisitorial ...
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Relations between the prosecution service and the police follow different models in accordance with the ruling system- Accusatorial or Inquisitorial-. This paper uses the strategy of logical analysis and library method to introduce hierarchical communication model that is in accordance with inquisitorial system. This relationship is contrary to the model in accusatorial system, which is regulated by a kind of network interaction. The components of the hierarchy model include:1- broad powers of the prosecutor and governance over the police, 2- limited police powers and 3- obedience of the prosecutor and vertical relations between the prosecutor and the police. This model has the benefits such as coherent organization, certainty and equality in law enforcement, and suffers from damage such as inefficiency in monitoring, ignoring human dimensions, costly, and inflexible relationships. It seems that it is not necessary to endure these damage in the police and prosecution service relationships, because, based on the many other successful experiences of other countries in the world, hierarchical model governing prosecution service and police can be improved by making non-fundamental change. Since the model of Prosecutor's office and police relations in Iran is hierarchical, this paper can improve these relations.
Seyed Mustafa Meshkat
Abstract
Anticruelty to animals is included in the humanitarian approach, which also has an anti-violence function. On this occasion, the criminal law activists have criminalized several forms of animal abuse an and create punishments against them. The scope of the animal abuse is not included physical abuse, ...
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Anticruelty to animals is included in the humanitarian approach, which also has an anti-violence function. On this occasion, the criminal law activists have criminalized several forms of animal abuse an and create punishments against them. The scope of the animal abuse is not included physical abuse, but in a broad view, it also covers animal neglect abuse. In this way, the United States criminal justice system at the federal and state levels has developed a strategy for effective and efficient animal abuse. Of course, this is not limited to the comprehensive criminality of animal species, and various criminal and non-criminal measures have been put in place in the face of these acts. On the other hand, national legislators have adopted an incomplete approach to animal abuse. In this regard, during this paper, attempts are made to map the peculiar criminal policy for animal abuse by measuring and analyzing the criminal rules of Iran and the United States.
kiomarth Kalantari; reza hadizadeh
Abstract
This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “Howe” case, duress defense isn’t available in murder. Accordingly, if someone wants from a person to commit murder by ...
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This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “Howe” case, duress defense isn’t available in murder. Accordingly, if someone wants from a person to commit murder by threatening him with murder, there is no possibility of resorting to duress defense in laws of Iran and England; However duress to murder may be in various forms such as "duress to grievous bodily harm that leads to murder", "preserving more people by committing murder", "specific circumstances of the person being threatened" and " impending death of the victim". In these cases, duress seems to be accepted in Iranian law. The British law approach is in some ways stricter than the position of Iranian law; because in this country, although considering the case of conjoined twins, it is possible to accept duress defense in some instances where the death of the victim is imminent; However, in English law, in contrast to Iranian law, duress defense in other cases such as duress to kill one person in order to save several people is unacceptable.
Ahmad Hajidehabadi; Ali Asgari Morovat
Abstract
It is possible to commission of quasi-intentional felony, the subject of three clauses of article 291, by omission with this condition that the most prominent example of felonies is to be committed by the omission in C section (falseness) of this article. In clause (a) and (b) of this article, the behavior ...
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It is possible to commission of quasi-intentional felony, the subject of three clauses of article 291, by omission with this condition that the most prominent example of felonies is to be committed by the omission in C section (falseness) of this article. In clause (a) and (b) of this article, the behavior is not effective and can consist of action and omission. The most challenging part of this research is the possibility of commission of simple mistake felony by omission. The commission of simple mistake felony, the subject of clause (a) of Article 292 is not possible by omission, since in this assumption, or the perpetrator is not responsible for the lack of the condition of ability or, in the case of liability, the crime is intentional or quasi-intentional. In clause (b) of this article, if the minor is undertaking in accordance with Article 85 of the Non-Litigious Matters Act, and a felony is committed by commission, this is simple mistake felony. Finally, although the commission of simple mistake felony, the subject of clause (c) of Article 292, is rare by omission, but it cannot be falsified.
