Ali Dehghani; Mohammad Ashouri; Mansour Rahmdel
Abstract
One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's ...
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One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's powers were prosecuted as a party to the limited criminal proceedings.Although the principle of impartiality and the necessity of observance of it in Article 3 of the Criminal Procedure Code of our country have been emphasized,but its requirements and aspects Particularly in the preliminary stage of the preliminary investigation, officials have been neglected.In the same way, prosecutors still have the power to investigate and arrest the defendants in a large number of crimes and the investigator does not have complete independence in conducting investigations.Moreover,despite the adoption of the judiciary system,in some crimes and in the courts of the section,the system of public courts (all stages of proceedings by the judge of the unit( are applied,which is contrary to the principle of neutrality.In this article, the principle of neutrality and its components in the preliminary investigation and the degree of adherence of the legislator of our country to the requirements of this principle have been analyzed.
Ebrahim ZARE
Abstract
The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment ...
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The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment for each crime and execution in cases where there are multiple crimes or not?Regarding the proportionality of punishment in various crimes,the criminals have relied on another principle called"overall proportionality"to determine the punishment commensurate with those crimes,which is based on mitigation.Otherwise,we will face an increase in the impunity of punishments.In some cases,the offender is deprived of major part of life and in some cases;people are destroyed as a result of criminal sanctions or it imposes a punishment that is equivalent to the punishment of severe and serious crimes.Although this principle is supported by intuitive attractions,it will need philosophical convincing justifications.Retributivists who believe in the principle of equal punishment for equal crimes must now provide evidence in order to justify bulk discount in the punishment of multiple offences.The idea of overall proportionality,which is based on the qualitative measurement of harm rather than a quantitative and numerical model,can be a good basis for determining punishment of multiple offences.
Seyede saedeh Hosseini; Seyed Mahdi Seyyedzadeh sani; Abdolreza Javanjafari
Abstract
Helping at-risk people is one of the most important ethical norms that has always been emphasized as a vital factor in maintaining and strengthening solidarity in societies. But since the mere existence of a moral duty cannot be a requirement for individuals to engage in philanthropic behavior, it is ...
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Helping at-risk people is one of the most important ethical norms that has always been emphasized as a vital factor in maintaining and strengthening solidarity in societies. But since the mere existence of a moral duty cannot be a requirement for individuals to engage in philanthropic behavior, it is necessary for criminal policymakers to develop ethical behaviors in order to develop this culture and encourage individuals to adopt socially acceptable behaviors To this end the legislature of the Islamic Republic of Iran and many European countries have criminalized the non-intervention of people in emergency situations and have thus emphasized this moral value. However, in the American legal system with the exception of a few states, due to the overriding of individualistic values over ethical values, no statutory general duty to assist at-risk individuals has been foreseen, And criminal policymakers can only punish the special observer if there is a specific duty to prove the causal relationship between the abandonment of the act and the criminal outcome.
Arian Petoft
Abstract
According to Article 91 of the Penal Code, any kind of doubt on the "intellectual development and perfection" of a child causes the punishment of Hadd and Qisas to fall. In fact, by expressing this concept, the legislator has taken a valuable step towards the transcendence of the principles of criminal ...
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According to Article 91 of the Penal Code, any kind of doubt on the "intellectual development and perfection" of a child causes the punishment of Hadd and Qisas to fall. In fact, by expressing this concept, the legislator has taken a valuable step towards the transcendence of the principles of criminal law for children and adolescents; but at the same time, due to the ambiguity and theoretical shortcomings, this issue is associated with many intellectual conflicts among legal scholars. If this concept and its relationship with intellect in the field of criminal responsibility are not well clarified, multiple practices in criminal proceedings in this regard will be expected. Intellectual development is a concept that inherently related to some of the basics of neuroscience. Therefore, the present study strives to explain this concept in the context of neurolaw and to determine its achievement criteria. In this regard, using the valuable experience of the American jurisprudence to localize its mechanisms and legal teachings in our country's criminal justice system can be very fruitful. The findings of this study, in addition to significantly eliminating scientific gaps in this field, provide judges with appropriate views and criteria regarding the intellectual development in juvenile delinquency.
Aliazam Rafinejad; Ali Najafi tavani; Mohammad Jafar Saed
Abstract
In criminal proceeding, the victim participation as a precondition of enforcement of law is very important. The comparative study of victims participation in various generations of criminal courts and their effectiveness from new developments of criminal justice specially the restorative justice, will ...
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In criminal proceeding, the victim participation as a precondition of enforcement of law is very important. The comparative study of victims participation in various generations of criminal courts and their effectiveness from new developments of criminal justice specially the restorative justice, will help us to understand the approach of these courts towards victim participation in international criminal law. The end of cold war and aftermath developments in the regions like Rwanda and ex-Yugoslavia resulted to shaping international criminal tribunals. After making International Criminal Court some cases in Africa refer to ICC, and the proceed African cases in ICC result the unhappy of some African head of states. Meanwhile, the matter of reparations of damages to victims due to international crimes became very important. The experiences of restorative justice can be a good model for criminal justice and reparation of damages and victim participation in Africa. In this article the legal developments of protection of international crimes victims and the lessons that can be a model for protection of victims rights will examined.
Somayah sadat Mirilavasani; Mohammad Ghorban zadeh; Behnam Akbari
Abstract
Embezzlement is one of the economic crimes, which undermines public confidence. Embezzlement has a history parallel to the formation of the state. It has had a negative impact on people-government convergence and the economy since the formation of the nation-state in 1649. It has been mentioned in various ...
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Embezzlement is one of the economic crimes, which undermines public confidence. Embezzlement has a history parallel to the formation of the state. It has had a negative impact on people-government convergence and the economy since the formation of the nation-state in 1649. It has been mentioned in various domestic and international documents. However, there are differences between domestic and international anti-embezzlement platforms including the lack of criminalization of embezzlement in the private sector. There is also a lack of mechanism of international judicial assistance in embezzlement, non-explanation to elaborate on whistleblowing rules on combating embezzlement in Iranian domestic law and there is no warranty of effective international enforcement against embezzlement. The current research is practical as far as its aim is concerned and has been carried out by applied by a qualitative method and the data collection has been carried out through libraries and documents.
Valiollah Sadeghi; Hasan Moradi
Abstract
From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases ...
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From the point of view of criminal policy, the coronavirus Covid-19 can be examined in two ways; Corona as a crime and Corona as a context of crime. In this paper, the only criminal policy governing the corona is recognized in the light of the general rules and regulations governing these types of diseases and regulations issued in the past year, especially the approvals of the National Corona Headquarters. In this criminal policy, on the one hand, various health-action measures are implemented to prevent the transmission of Quaid-19 virus, and on the other hand, in response to the violation of these measures, classic and modern criminalization / minor offence have been imposed. Minimal criminal intervention, Status-oriented, Colorful responses, Gradual punitiveness and intolerance in some matters have been features of the preventive criminal policy against Corona. Therefore, the body of criminal policy governing this virus is a combination of criminalization and irregular responses, which has led to the creation of a special justice system within the criminal justice system. It seems that the developing tendency of the mentioned headquarters towards criminal policy based on situational prevention and contentment with fines and deprivation of violators has led to neglect of the etiology of non-compliance and insufficient attention to social preventive measures. It seems that with the prolongation of its prevalence in the country and the decrease in the value of official norms, it may lead to an increase in the number of violations.
