Journal of Criminal Law Research

Abstract Providing security has been the first aim of the governments— either
authoritarian or democratic. Nevertheless, security is such an interpretable
word that it sometimes results in different kinds of misinterpretations.
Securing this vital element in society needs to be dealt with as a whole and
keep the government approach away. In the absence of this view, the
meaning of security will be assumed as a state security and every action such
as ignoring the fair trial and criminal procedure rules would be justified. In
this essay, the encounter of the "security-approach" and the well-known
rules of criminal procedure and fair trial will be studied in the light of over
viewing one verdict of administrative justice tribunal.

Abstract One of the most prominent issues in criminal philosophy is “Justification
of Criminal Intervention” which is done by the State, in the individual rights
and autonomy. This phrase is often used by scholars and critics without any
clear-cut definition. In studying of criminal intervention from two points of
view: moral and political philosophy, the prominent matters such as criminal
intervention legitimacy, being wrong or right, State’s right to intervene and
so on are considered as the justification. Alongside the moral justification–
which is based on violated values by wrongdoer– “social justification”
addresses its reflection and the rate of social acceptance. In Institutional
Bureaucracy justification, the quality of political institutes organization,
roles which must be embedded in and power that must conferred to these
institutes are examined. Although even in the most liberal criminal justice
systems, criminal intervention is done on the base of the different and
occasionally contrary justifications, internal power of State – which is
incarnated in system of criminal justice– must not be used in lack of a
cognitive justification just thanks to its ability in imposing the injustice

Abstract The International Criminal Court (ICC), having the jurisdiction over the
most serious crimes of concern to the international community, is established
to end the impunity for the perpetrators of these crimes. ICC provisions have
taken different supports for victims into account. The Rome Statute, the rules
of procedure and evidence, the regulations of the court, the staff regulations
&the agreement on the privileges and the immunities of the international
criminal court are the documents that make clear the rights of victims in the
justice process. Rights such as participation in proceedings, benefit from
legal representatives’ assistance, notification of criminal justice system, and
security are considered as legal protections. Victims’ rights, in ICC
proceedings, will be explained& examined– in the light of ICC provisions
and with regard to available judicial procedure- in this study.

Abstract

Abstract Human life and his survival on the earth are dependent on the utilization
of the different sources like water resources. Misusing of the environmental
resources can result in pollution and destruction. Water, as a very sensitive
environmental resource on which human life depends, will be exposed to all
kinds of environmental pollutions. The necessity of preservation of the water
resources has been engaged in legal and criminal strategies which are passed
in order to save and protect these resources. Internal criminal policy in the
field of legislation with regard to religious order and the national and local
considerations has focused on respecting water resources. This policy has
directly and indirectly been influenced by the application of the requirements
of joining to international instrument regulations, and has passed laws to
preserve different bodies of water resourc

Abstract The appropriateness of criminal prosecution means that the prosecutor is
able to stop the process of prosecution. Namely, the prosecutor does not
have the authority to initiate a prosecution if he believes that investigation
would not serve the interests of justice. In England’s Legal System, the
above- mentioned principle has been considered as one of the main
principles applying on the process of prosecution. This principle has not
been mentioned expressly in Iran's Criminal Procedure Code, but some of
the provisions of this Code— for example, the fact that the prosecutor can
stop the process of prosecution— have confirmed this issue. The draft of
Iran ‘s Criminal Procedure Code, which nowadays is passing its final stages
of being approved in the Islamic Consultative Assembly, attempted to base
some provisions of this Code on this principle, although it has some
problems

Abstract Serial murder is definitely a crime in the criminal law. According to
Iran’s Penal Code, it is considered as a multiple murder under a retaliation,
blood money and discretionary punishments. In criminal responses against it,
the criminal justice systems have different sanctions while dealing with it.
Serial killers are not psychologically healthy while bearing criminal
responsibility. However, the extent of their mental disease (psychosis) will
invoke insanity defense. In Iran, serial killers never manage to use the
insanity defense; therefore, they have always been sentenced to the
maximum penalty of the law. The same procedure – except in rare cases –
occurs in other countries. In fact, in serial murder, due to the type and the
severity of the offenses committed and caused by the widespread fear and
death in the community, a stricter criminal policy has always been adopted
toward a serial killer.