Abdoulali Tavajohi; Ali Dehghani
Volume 1, Issue 3 , July 2013, Pages 7-34
Abstract
Providing security has been the first aim of the governments— eitherauthoritarian or democratic. Nevertheless, security is such an interpretableword that it sometimes results in different kinds of misinterpretations.Securing this vital element in society needs to be dealt with as a whole andkeep ...
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Providing security has been the first aim of the governments— eitherauthoritarian or democratic. Nevertheless, security is such an interpretableword that it sometimes results in different kinds of misinterpretations.Securing this vital element in society needs to be dealt with as a whole andkeep the government approach away. In the absence of this view, themeaning of security will be assumed as a state security and every action suchas ignoring the fair trial and criminal procedure rules would be justified. Inthis essay, the encounter of the "security-approach" and the well-knownrules of criminal procedure and fair trial will be studied in the light of overviewing one verdict of administrative justice tribunal.
Firouz Mahmoudi Janaki; Mehrangiz Roustaie
Volume 1, Issue 3 , July 2013, Pages 35-66
Abstract
One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from ...
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One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from two points ofview: moral and political philosophy, the prominent matters such as criminalintervention legitimacy, being wrong or right, State’s right to intervene andso 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 InstitutionalBureaucracy justification, the quality of political institutes organization,roles which must be embedded in and power that must conferred to theseinstitutes are examined. Although even in the most liberal criminal justicesystems, criminal intervention is done on the base of the different andoccasionally contrary justifications, internal power of State – which isincarnated in system of criminal justice– must not be used in lack of acognitive justification just thanks to its ability in imposing the injustice
Behzad Rzavifard; Marzyeh Dirbaz
Volume 1, Issue 3 , July 2013, Pages 99-117
Abstract
The International Criminal Court (ICC), having the jurisdiction over themost serious crimes of concern to the international community, is establishedto end the impunity for the perpetrators of these crimes. ICC provisions havetaken different supports for victims into account. The Rome Statute, the rulesof ...
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The International Criminal Court (ICC), having the jurisdiction over themost serious crimes of concern to the international community, is establishedto end the impunity for the perpetrators of these crimes. ICC provisions havetaken different supports for victims into account. The Rome Statute, the rulesof procedure and evidence, the regulations of the court, the staff regulations&the agreement on the privileges and the immunities of the internationalcriminal court are the documents that make clear the rights of victims in thejustice process. Rights such as participation in proceedings, benefit fromlegal representatives’ assistance, notification of criminal justice system, andsecurity are considered as legal protections. Victims’ rights, in ICCproceedings, will be explained& examined– in the light of ICC provisionsand with regard to available judicial procedure- in this study.
RAJAB GOLDOST; MAHDI GHOLAMPOR; HOSSEIN NAZERIAN
Volume 1, Issue 3 , July 2013, Pages 99-117
Abolfath Khaleghi; Hojatollah Rashnavadi
Volume 1, Issue 3 , July 2013, Pages 119-141
Abstract
Human life and his survival on the earth are dependent on the utilizationof the different sources like water resources. Misusing of the environmentalresources can result in pollution and destruction. Water, as a very sensitiveenvironmental resource on which human life depends, will be exposed to allkinds ...
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Human life and his survival on the earth are dependent on the utilizationof the different sources like water resources. Misusing of the environmentalresources can result in pollution and destruction. Water, as a very sensitiveenvironmental resource on which human life depends, will be exposed to allkinds of environmental pollutions. The necessity of preservation of the waterresources has been engaged in legal and criminal strategies which are passedin order to save and protect these resources. Internal criminal policy in thefield of legislation with regard to religious order and the national and localconsiderations has focused on respecting water resources. This policy hasdirectly and indirectly been influenced by the application of the requirementsof joining to international instrument regulations, and has passed laws topreserve different bodies of water resourc
Alireza Jamshidi; Alireza Noorian
Volume 1, Issue 3 , July 2013, Pages 143-161
Abstract
The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- ...
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The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- mentioned principle has been considered as one of the mainprinciples applying on the process of prosecution. This principle has notbeen mentioned expressly in Iran's Criminal Procedure Code, but some ofthe provisions of this Code— for example, the fact that the prosecutor canstop the process of prosecution— have confirmed this issue. The draft ofIran ‘s Criminal Procedure Code, which nowadays is passing its final stagesof being approved in the Islamic Consultative Assembly, attempted to basesome provisions of this Code on this principle, although it has someproblems
Jamshid Gholamlo
Volume 1, Issue 3 , July 2013, Pages 163-185
Abstract
Serial murder is definitely a crime in the criminal law. According toIran’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 ...
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Serial murder is definitely a crime in the criminal law. According toIran’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 criminalresponsibility. However, the extent of their mental disease (psychosis) willinvoke insanity defense. In Iran, serial killers never manage to use theinsanity defense; therefore, they have always been sentenced to themaximum 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 theseverity of the offenses committed and caused by the widespread fear anddeath in the community, a stricter criminal policy has always been adoptedtoward a serial killer.
