Jahandar Akbari; Mohammad Ashouri; Mohammad Ali Ardabili; ali saffaari
Abstract
Death penalty is disputed retribution between the chain of retributions with different execution styles has accompanied humans throughout history with numerous followers and opponents. In the last decades disputes between the followers and opponents between the followers and opponents of this retribution ...
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Death penalty is disputed retribution between the chain of retributions with different execution styles has accompanied humans throughout history with numerous followers and opponents. In the last decades disputes between the followers and opponents between the followers and opponents of this retribution has continued more extensively. The result of these fundamental disputes of the opponents and elimination of this retribution from the criminal law or in some cases, despite keeping it in texts. The execution is eliminated. This article focuses on the death penalty while looking for attaining the philosophy of death penalty by utilizing the two major views of retributivism and utilitarianism in philosophy of retribution and it’s reconciliation with each of the two views mentioned before. The results indicate the although death penalty is mostly accordant to the objectives of utilitarianism like incapacitation and relative compatibility with preventing through intimidation, it is corresponding more with the opponent view that is retributivism. Revocation or undermining the routine futuristic justifications of life deprivation punishment, can help legislator remove or at least limit the punishment.
Gholamreza Gholipour; nasrin mahra
Abstract
The idea of criminalizing ecocide as an international crime, for the first time, was raised in the 1970s. However, this green idea did not become an international criminal norm because of the opposition of some powerful governments, the resistance of large business enterprises, and preponderance of economic ...
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The idea of criminalizing ecocide as an international crime, for the first time, was raised in the 1970s. However, this green idea did not become an international criminal norm because of the opposition of some powerful governments, the resistance of large business enterprises, and preponderance of economic development discourse over environmental law discourse. At the time of drafting statute of the international criminal court (1998), "war ecocide" was criminalized only as one of the manifestations of war crimes, even that was accompanied with so many conditions and limitations that it has almost been impossible to effectively prosecute and try ecocide perpetrators. This resulted in the impunity of ecocide perpetrators all around the world and in the continuation of the gradual destruction of the earth and its vital resources. In order to put an end to this environmental impunity, it is imperative that the international community criminalize ecocide crime (in peacetime) as the most severe and most serious environmental crime and put this crime within the jurisdiction of the International Criminal Court.
saeid ghomashi; Omid Motaghi Ardakani
Abstract
Criminal behavior ,sometimes encountered by social reaction, can be investigated based on different paradigms. One of these paradigms that is less relevant is the behavioral paradigm. From this perspective, a number of human behaviors arise from the conditioning process based on the response stimulus ...
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Criminal behavior ,sometimes encountered by social reaction, can be investigated based on different paradigms. One of these paradigms that is less relevant is the behavioral paradigm. From this perspective, a number of human behaviors arise from the conditioning process based on the response stimulus relationship. The purpose of the research is to examine the beginning of criminal behavior and the efficiency components of punishment from the perspective of behavioral paradigm. The present research by descriptive-analytic method shows that the process of forming some criminal behaviors is based on the behavioral paradigm and the crime is based on the irrational will of the offender and is influenced by the conditioning of behavior. therefore, emphasizes that to deal with these crimes, it is necessary that the sanctions chosen are effective in silencing criminal behavior Conditioned; and tries to examine this objective by assessing the ability or inability to adapt the four objectives of "retribution", "incapacitation", "intimidation", and "rehabilitation and treatment" to the behavioral paradigm.
abd al reza javan jaafari; Javad Sadati; Mohsen Nourpour
Abstract
Several factors like age, degree of education, sexuality, race, social and political belief, crime rate, media, conjunction with offender or victim are effective about rate of desire about implementation of harsh punishment. In this research we try to evaluate the relation between sexuality and desire ...
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Several factors like age, degree of education, sexuality, race, social and political belief, crime rate, media, conjunction with offender or victim are effective about rate of desire about implementation of harsh punishment. In this research we try to evaluate the relation between sexuality and desire to imposing of harsh punishment. This research is descriptive- analytical and based on experimental study in Mashhad. Also, this research based on multi stage statistical sampling. Research hypothesis is less criminality of woman than men. Research results show that in Insect, Embezzlement and Had punishable stealing there are relation between sexuality and criminality. In Embezzlement and stealing women have less desire for imposing harsh punishment than men. In contrast, in Insect women criminality is higher than men. In contrast, in Insect women criminality is higher than men. It means that in Insect women have harsh desire than men. Key words: criminality research, sexuality, desire to implementation of harsh punishment, harsh physical punishment
mohsen Ghojavand; Omid Shirzad
Abstract
Doing review in judicial changes about transaction in order to evasion of debt in Iranian law regime show that there are very fluctuations that can be described as unjust exceeding stream to unreasonable indifference. There is a certain fact that the rights of lawful creditor have impacted from these ...
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Doing review in judicial changes about transaction in order to evasion of debt in Iranian law regime show that there are very fluctuations that can be described as unjust exceeding stream to unreasonable indifference. There is a certain fact that the rights of lawful creditor have impacted from these fluctuations and approaches. The mentioned crime as a current and widespread crime sometimes described as a fraudulent act and sometimes has been recognized by a medium approach in Iranian law regime.at this time, there are some requirements to meeting this crime upon new financial convicted persons act, for example, the requirement of definite conviction of debtor and protected debts in judicial forums in order to realize of mentioned crime. This requirement have many social and personal tangible harms for creditor and this situation can be resolved only by amending of new act and provisions so judicial procedure about financial convicted persons act.
Gholamreza Javaheri; mehdi esmaeeli; Hasan Hajitabar firuz jayi
Abstract
Pornography existed before the creation of the Internet. It is not possible to say whether the advent of the Internet has fuelled the demand for pornography and expanded an existing market, or whether it simply satisfies in new ways a market that would have existed in any event. It is clear, though, ...
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Pornography existed before the creation of the Internet. It is not possible to say whether the advent of the Internet has fuelled the demand for pornography and expanded an existing market, or whether it simply satisfies in new ways a market that would have existed in any event. It is clear, though, that the Internet provides an environment for the proliferation of child pornography and the creation of an expanding market for its consumption. The Internet has increased the range, volume and accessibility of sexually abusive imagery, including child pornography. Child pornography depicts the sexual or sexualized physical abuse of children under 16 years of age. Some countries has joined many other nations in an international effort to combat this multi-faceted global menace that combines both heavily networked and highly individualized criminal behavior. This paper examines the typology of pornography offending, as well as law enforcement responses to the problem.
Mohammad Reza Barzegar; Gholam Hussein Elham
Abstract
The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for ...
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The advancement of technology has led to the production of a car that does not require a human driver. In June 2016, the first self-driving car was successfully tested in Iran and in the same month their use was banned by traffic police chief due to lack of relevant laws and lack of clear liability for possible accidents. The present study seeks to investigate how, with current criminal laws, it is possible to resolve issues arising from injuries caused by self-driving car. In this paper, regardless of other factors, only the criminal liability of the car user has been addressed. The present paper proceeds with a descriptive-analytical approach and adapts the existing rules on the self-driving car. Examining the aspects of this issue, the current study concluded that basis for imposing liability on a user at zero, one and two levels is similar to that of ordinary cars, since ultimately the user is liable for any result generated from the combination of user's driving and driver assistance systems. The basis of liability at level three is user's omission. The self-driving car at level four is a combination of level three and five of self-driving cars and regarding the user's
Leila Nemati; Raheleh Seyed Morteza Hosseiny; Azam Mahdavipour
Abstract
The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist ...
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The ineffectiveness of punitive-based approaches after the occurrence of terrorist attacks in preventing this criminal phenomenon has led to the development of new strategies in order to control terrorism through preemptive mechanisms and the adoption of preventive measures before the occurrence of terrorist crimes. The present article by using descriptive-documentary research method seeks to answer the question that, in order to prevent the harmful risks of terrorism in the precrime stage, what Anticipatory measures have been presented in legal systems? Findings of this research demonstrate that today Anticipatory approaches to containment terrorism have a special station in legal systems. legislative systems by adopting Anticipatory mechanisms before the occurrence of terrorist threats, Have the future-based approach Against this dangerous phenomenon. The most important Anticipatory strategies to control terrorism to include the limitation or prohibition of ownership, financial transparency and prevention of terror financing, communication, training and employment restrictions, residence and monitoring obligations , control on travelling and inspect places. Safeguards for Anticipatory measures in the face of terrorism include administrative measures, Control orders and arrest.
