Journal of Criminal Law Research

Abstract The oldest topics in international law are the deportation and
extradition. After raised the new issues of human rights in the field of
international law and to transform human statusininternational
relations inpractice the issue ofdeportationand extradition are
sometimes in conflict with European human rights concepteuropean
court ofhuman rightsasalegal element of the europeanconvention
onhuman rightsinitspractice tojudge the votesabout thesome
oftheseconflicts. Based on, thepresent article influence of human
rightsstatedin theEuropean conventionof human rightson theissue
ofdeportationandextradition in the practice of the statesparties tothe
convention has been studied according to theEuropean court ofhuman
rightsvotes

Abstract Some of judicial authorities and courts of justice in big cities are
struggling with the phenomenon of brokerage and intermediary at the
present time. It is the subject of the present study. In this article, the
author suggests the synergic model of supply- demand for corrupt
judicial services, to explain this phenomenon theoretically. First, the
literature on judicial corruption is analyzed, and the policies and
strategies used by different countries to control and prevent the
emergence of judicial corruption are introduced. Then, the nature of
brokerage and intermediary in judicial authorities is discussed. Next,
different aspects of the problem of lobbying are reviewed using the
Penal Code on lobbying against law and legal regulations and the
same. Finally, after explaining different forms of related violations
and crimes, the necessity to codify a comprehensive code on
preventing and confronting this phenomenon is emphasized.

Abstract Nowadays, various subjects of international law, including
criminalization of use of nuclear weapons, can be studied from two
different aspects. In the classic paradigm of international law based on
Westphalian order and sovereignty–oriented approach and in light of
international court of justice(ICJ) findings, mere employment of
nuclear weapons is not forbidden and nor is considered as an
international crime. However it can be claimed that new paradigm is
coming up in international law. In This new paradigm based on
human values, sovereignty can’t prevent emergence of a rule on
benefit of human rights crucially. Although survey of some subjects
from this aspect could lead to unacceptable result in comparison with
the last paradigm, it is the fact that everyone has to believe it late or
soon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogens
and public order and contains three forming elements of international
crimes. Then, in contrast to the classic paradigm of international law,
use of nuclear weapons can be considered as an international crime in
the new emerging paradigm.

Abstract At the international level, like national level, there are certain
criminal behaviours which may pervert the right course of justice.
Many ad hoc international courts have, in the course of their activities,
faced the problem of how to deal with these offences. They usually
tried to justify their jurisdiction in triying these offences on the basis
of the inherent jurisdiction they have in trying the core crimes, an
approach which has been criticized by many lawyers.
Based on such an experience, Articles 70 and 71 of the Statute of
Intenational Criminal Court have been allocated to offences against
the administration of justice, which will be discussed in this article. In
the first part, a brief history of the subject is given. The seconf part is
allocated to the study of the process leading to the aadoption of
Articles 70 and 71 and to the segestions given by states in this respect.
In the final sections, offences against the administarion of criminal
justice, their trying and the corporation of the member states with the
I.C.C in this regard has been discussed

Abstract Studying the discussions of political philosophy, the law and
analysis of criminal laws all show that the criminalization can happen
generally depending on the principle of harm and three views of
patriarchy, morality, and perfectionism. In perfectionism it is believe
that for moral promotion and the development of spiritual perfection
of man, using punishment is necessary. Since, today, humanitarian
dignity is accepted as a religious and human value, using punishment
for promotion of moral personality is inconsistent with humanitarian
dignity. Therefore, humanitarian dignity can be considered as the
prevention of developing criminalization

Abstract Crime of "trying to corruptly influence a judge, judges, a court or a
government official to one side or the other" was passed by Iranian
legislature in 1315 solar. Although the crime is comparable with
crimes such as bribery and fraud; has got its own particular elements
as well as specific conditions and is defined as a specific crime. The
crime is divided into two categories: Active influence and passive
manipulation. Active influence, with respect to perpetrator of crime, is
divided into two categories: The perpetrator could be an ordinary
person or could be a lawyer. Active influence committed by an
ordinary person is conceivable in two modes: General influence and
specific influence which are regulated in Articles 1 and 2 of the said
legislation

Abstract Imprisonment fundamentally borninthe sphere of National criminal
law. In other word, for many years imprisonment has been viewed and
dictated on the base of crime doings inside the borders of the NationStates. Imprisonment has been an excommunicating punishment that
its efficiency harshly criticized in many criminal law systems as a
“school of repeating the crime”. But today malfunctions ofthis
punishment has been reduced in many ways in the developed
countries by performing reformations in management of prisons, but
acceptance of the efficiency of such punishment regarding the
International crimes has been doubtful. Such a phenomenon can be
analyzed both with the punitive approach andutilitarian approach in
penology. But first of all, the main thing about efficacy of such
punishment in the sphere of International crimes is suggesting and
adopting a suitable degree of the punishment regarding the character
of International criminals. However, the success of such an important
task depends on organization and establishment of an independent
institution for administrating the affairs of an International prison. An
independent institution with special task of International kind of
punishment must be created and its strong structure must perform
intimidating,corrective andtreatmentativetasks appropriately. Only in
this way we can hope the great International criminals receive
anappropriate punishment and also potential criminals and guilty be
prevented from doing crime

Abstract There are times when some of the heir qualities cause them to be
debarred from coming into their inheritance which are called
inheritance barriers. In spite of contradictions among the jurists of
Islamic faiths on the number of inheritance barriers, they all
universally agree upon homicide as one. However, they have discords
on the type of homicide and peculiar conditions. The aim here is to
precisely identify the inheritance barriers and relative reasoning in this
regard as well as surveying homicide as the only accepted barrier of
inheritance among Islamic faiths. The major consequences of this
research, then, are precise identification of inheritance barriers as well
as identify features of homicide as the barriers of inheritance in
addition to coming into this conclusion that a premeditated murder is
not always considered a barrier