Javad salehi
Abstract
European Union Directive have same protection of the victim in territory of European Union’s member states. But, implementation of European Protection Order needs to unification of criminal laws in the European Union’s members. But, the European Union has not yet achieved the goal of unifying ...
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European Union Directive have same protection of the victim in territory of European Union’s member states. But, implementation of European Protection Order needs to unification of criminal laws in the European Union’s members. But, the European Union has not yet achieved the goal of unifying the criminal laws in its member states. Accordingly, European Union Directive by creation, issuing and enforcing of European Protection Order have expectations of victim’s same protection, regardless of his/her nationality in throughout of the member states’ territory. European Protection Order is new mechanism of European Union’s criminal law and lacks a record in others criminal law. Therefore, European Protection Order by victim-state is issued for enforcement in the territory of offender-convicting state to defend the rights of the citizen based on domestic criminal law in the territory of the extraterritorial. The subject matter of paper is to examine the dimensions and achievements and its connection with criminal laws’ principals. Paper approach is descriptive and analytical relying European Union Directive. on Research question is: What is the status of victim’ European Protection Order in extraterritorial and its achievements in European Union criminal law? Findings of research indicate that exact implementation of European Protection Order also require.
mohammad faraji; Behzad Razavifard
Abstract
Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational ...
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Growing increase of transnational criminality, especially in the regional level, introduces its related legal and criminological issues. With a definition of regional crimes, that is organized and profit-driven criminal behavior affecting two or more countries by its commission or effects or transnational criminal behavior being committed in a given region, their causes and solution would be a noticeable subject with decisive national and regional strategic implications. To this end, This article firstly conceptualizes regional crime and doing so explains characteristics of this crime through fluidity of the criminals and the pandemic criminal activities, and thus analyzes regional crimes with a etiologic and solution-finding point of view. This analysis with considering factors that exacerbate the aforementioned characteristics defines political, economic, social and penal models indicating structure of opportunity, constraint, and thus unbalanced control. Therefore, application of preventive strategies and reinforcement of transnational/regional penal capacity, with reduction of opportunity and increase in constraint, would result in control balance.
Soodabeh Rezvani; Azam Mahdavipoor; Erfan Khorrami Eraghi
Abstract
Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes ...
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Suspicion is an ambiguous concept that prevents execution of criminal sentences and some religious effects of behaviors.In terms of criminal law, is any effective prosecution in the opinion of the judge, which affects the elements of the crime or proofs of evidence in hudud and tazir crimes and causes stopping the execution of the penalty or commutation of sentence. in islamic penal code ratified in 2013,this mechanism is set out in article 120 and 121 but there is no defintion for suspicion and only adresses its examples. after conceptual analysis of the suspicion mode, the basic issue of the writer`s perspective is: which of the effects of suspicion should be applied and what strategies should take in this mode that in addition to accordance with the Shari'a doctrines, ultimately, the damage caused by the functional imbalance in the judical system is reduced. after analyzing the functions in different situations, the result of this research is the recognition of direct interaction between suspicion and functional requirements, such as the princople of individual punishment and targeted attitude toward punishments.
seifollah ahadi
Abstract
In accordance with Islamic penal codes, deliberate crimes resulted in the right of Qisas, and along with that, the perpetrators of the offender were raised and recommended by the rightful owners. accordingly, the important issue to be addressed in this regard is how the two institutions are set up together. ...
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In accordance with Islamic penal codes, deliberate crimes resulted in the right of Qisas, and along with that, the perpetrators of the offender were raised and recommended by the rightful owners. accordingly, the important issue to be addressed in this regard is how the two institutions are set up together. Whether both entities are legitimated and the rightful owners have the same status in each of them, or there is no interrogation between the right of Qisas and amnesty and may one be absolutely and the other conditionally applicable? The author believed in the descriptive-analytical method after analyzing the arguments and judgments of jurists and jurists that under the general rule of law, the right to amnesty can be considered as absolute and contingent, subject to the right of Qisas, unless there is a specific reason to violate it. Therefore, in Article 432 of the Islamic Penal Code, which, according to some jurisprudents, is not sufficient if the survivor's property remains in order to pay his debts, The owners of the right to perceive retaliation, but they have the right to have their amnesty conditional on the guarantee of payment, It should be stated under the rule that due to
salman nasrollahi boroojeni; Mohammad reza kazemi golvardi
Abstract
'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced ...
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'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced with a delimma challenges.This article is a discussion of this topic seeking answer to these quastions;First : is proof of punishment for 'Motajarry' stopped on proof of object indecency and subject indecency?Secondly: what is the legal nature of impossible crime?Thirdly: is 'Tajarry' criminalization justified?The approach is that; there is no doubt in 'Tajarry' subjective indecency.And suppossing proof of 'Tajarry' objective indecency proof of punishment is difficult.So 'Tajarry' criminalization as a rule based on religious ethics is not justified.Moreover the reality of criminalization in 'Tajarry' suggests that the islamic penal code (1392) with an ethical approach have been seeking maximum defense from moral blame and this is while based on religious morality defense of the impossible crime, criminalization not justified as a rule.
Roya Zeraatpishe; Abbas Shiri; alihosein Najafi Abrandabadi; Firooz Mahmoudijanaki
Abstract
Abstract: Gender transcends the attributes that are attributed to women and men in the process of sociability of men and women, and, in contrast to the gender, they have a biological and social origin. The gender role of women has been the subject of transitional change throughout history, and as a result, ...
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Abstract: Gender transcends the attributes that are attributed to women and men in the process of sociability of men and women, and, in contrast to the gender, they have a biological and social origin. The gender role of women has been the subject of transitional change throughout history, and as a result, in traditional societies, the status of women has changed. Women as a second sex tend to have stereotypes that are inappropriately proportioned to them and do not weaken their position in the continuum. These stereotypes do not fit well in the popular comics of men and women, and portray women as poor sexes. It is clear that this pervasive perception of women with violence against them is related to stereotypes of sexual harassment and abuse of women in particular. Sexual assault stereotypes are societal messages that tell women about their predetermined sexual orientation about sexual assault, and about the rape, sexual assault, and rape outcomes. In the end, they are silenced by the transgressor.
Mostafa Nasiri; Sayyed Mohammad Hosseini
Abstract
In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This ...
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In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This new perception of the humans and the quality of acquiring knowledge had important effect on other knowledges especially ethics. Hume denies the role of reason in ethics definition and regards the rules related to justice and legal order as the result of historical processes and experiences.Following Hume's Thoughts by His followers, had Sustainable effects on the concept of crime. by denouncing metaphysical and rational definitions of ethics by Hume crime definition turned towards utilitarianism. Utilitarianism in Bentham appeared with a quantitative approach and with the definition of crime based on pleasure and eagerness. This approach was modified by Mill's "harm principle" as a criterion of criminalization.This article pursues the conceptual evolution of crime by Bentham and Mill under the ethical views of Hume. Crime in this approach is not discovered rather it is created. Traditions and experiences guide humams in this direction.
Majid Ghurchibeigi; Mohammad Reza Rezaeian Koochi
Abstract
Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in ...
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Following social developments, the approach of policymakers is to determine hate crimes and to protect vulnerable victims in the form of victim-oriented penal policy. Although victim-oriented penal policy emphasizes the protection of vulnerable victims in the light of the doctrine of hate crimes, in some legal systems, including the Iranian criminal system, the legislature has scattered support for victims and does not pay special attention to the victims of hateful behaviors. Therefore, based on the context of victim-oriented penal policy, what is the place of supporting hate crime victims in penal policy? This challenge can be analyzed in terms of the requirements of criminal policy, including appropriate legislation, victim-oriented support mechanisms, and participatory victim-centered approaches. This paper confirms supporting hate crime victims in the form of aggravated and discriminatory criminal support based on analyzing the dimensions of victimization and requirements of the victim-oriented penal policy. In this regard, the creation of differentiated support mechanisms for victims of hate crimes based on a participatory support system is emphasized.
