Rahim Nobahar
Volume 2, Issue 5 , February 2014, Pages 9-46
Abstract
AbstractAccording to a seemingly well-known opinion between Shi’ite jurists, ifsomeone commits a prescribed crime (hadd) four times, he would beconvicted to the death penalty if the punishments for the three previouscrimes have been carried out. This article critically re-reads the evidencesand ...
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AbstractAccording to a seemingly well-known opinion between Shi’ite jurists, ifsomeone commits a prescribed crime (hadd) four times, he would beconvicted to the death penalty if the punishments for the three previouscrimes have been carried out. This article critically re-reads the evidencesand arguments supporting this opinion. Due to the weakness of somenarrations in the field, serious conflict between them and the possibility ofhistorical interpretation of them, the author comes to the conclusion thatimplementing the death penalty for repeating prescribed crimes (hudud) isnot a mandatory prescribed punishment.Alternatively, the article suggests providing a preventive punishment insteadof the death penalty particularly when the offender is repentant and/or thesociety can be protected from the evil and harm of the offender by otherways. The idea is consistent with the foundations of Islamic law particularlywith the principle of precaution (ihtiyat) in human life which has beeninsisted in the Holy Legislator’s teachings in various ways.
Hamed Rahmanian; mohamad jafar Habibzadeh
Volume 2, Issue 5 , February 2014, Pages 47-71
Abstract
One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting ...
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One of the significant matters in realm of relationship between morality andcriminal policy is the discussion which revolves around the morality ofpunishment application. In criminal policy as well as the public policy, weobserve the practices and approaches in which any purposes justify theresorting to penal instruments; we can call them penal instrumentalism. Inthis essay we are seeking for conceptualization and representation someindicators for recognizing it between a set of measures of criminal policy.For this purpose, after making a clear boundary between this concept withother similar concepts such as populism, consequentialism, utilitarianism,and pragmatism, we have divided the indicators of an instrument-basedcriminal policy into objective and subjective categories. The first, is involvedin resorting to criminal matters as the most accessible instruments,ignorance of the evident legal principles, and the evident moral principles.The latter, is involved in intending to achieve a goal, interests or a practicalgood, and finally resorting to a quick and easy resolution or relief.
Zeinab Bagherinejad; Rajab goldoust Jouibari
Volume 2, Issue 5 , February 2014, Pages 73-92
Abstract
bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof ...
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bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof people be molested, reaction against violator should be provided andensured. Procedural rules and principles as partial of rules of law withtheir special sanctions also have been protected by legislator and judicialprecedent. Some of these sections has personal aspect and includes widerange of administrative – disciplinary or criminal and civil measures. Thiscategory of sanctions unlike guarantees related to procedural process canbe made against officials and authorities involved in criminal proceduralprocess that with their performance cause procedural fundamentalprinciples are violated.
Hossein Mohammad Kourepaz; Abdoulali Tavajjohi
Volume 2, Issue 5 , February 2014, Pages 93-119
Abstract
In the Islamic criminal code essentials’ section (2013); we are observing thefundamental changes and innovations relating to the formercode. Theobjective of the legislator in increasing the essentials’ section is that it defendsthe society against the criminal phenomenon in different discussions ...
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In the Islamic criminal code essentials’ section (2013); we are observing thefundamental changes and innovations relating to the formercode. Theobjective of the legislator in increasing the essentials’ section is that it defendsthe society against the criminal phenomenon in different discussions ofcriminal laws and rights, especially, the regulations dominant on punishmentsby adopting reformist approaches by respecting the interests of the criminal.The institution of deferment of the sentence is a modern formation that hasbeen extracted and adopted from French law and has no background in lawtexts of our country. The mentioned institution that is used only in connectionwith the non-dangerous criminals (especially children), has been regulatedand adjusted to prevent the criminal labelingof such criminal group, andassisting to reform them.
Masoud Akbari; Fatemeh Ghanad
Volume 2, Issue 5 , February 2014, Pages 121-146
Abstract
AbstrctChildren and juvenile sex tourism has nowadays become one of the mostprofitable transnational organized criminal practices, which as a new typeof child and juvenile victimization in the world, became a manifestation ofmodern slavery of children and minors. This practice involves the abuse andprostitution ...
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AbstrctChildren and juvenile sex tourism has nowadays become one of the mostprofitable transnational organized criminal practices, which as a new typeof child and juvenile victimization in the world, became a manifestation ofmodern slavery of children and minors. This practice involves the abuse andprostitution of children and minors, their forced employment in brothels andtheir sexual exploitation, as well as and providing venues sexual engagementand pleasure of travelers coming mainly from the industrial and developedcountries. Due to the lack of children's capacity to consent, child sex tourismis considered an acute and inhumane phenomenon against which a globalconsensus and firm determination has been formed. This paper is an effort todraw attention to the status of sex tourism, and, in this context, describe thevictimization of children and juveniles as a modern type of sexualexploitation and overview Iran's legislative criminal policy measures, alongwith its strengths and weaknesses.
Shahram Ebrahimi; Majid Sadegh Nejad Naeini
Volume 2, Issue 5 , February 2014, Pages 147-174
Abstract
AbstractWhat is known today as economic crime involves harm and severedamage to the economic system of each country and the internationaleconomic system in the cycle of production, distribution, transportation,consumption and money.So,In the last decade, international organizationslike the United Nation ...
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AbstractWhat is known today as economic crime involves harm and severedamage to the economic system of each country and the internationaleconomic system in the cycle of production, distribution, transportation,consumption and money.So,In the last decade, international organizationslike the United Nation and the Union of Europe,have predicted differentialcriminal policy in light of though penal approach. Different Legal systemsinlight of international conventions like United Nations convention againstcorruption (MERIDA)walk toward such a convergence in the prevention andcombat against Economic crime because some kinds of these crimes asmoney laundering and Environmental Crimes have been known as globaloffences. This approach in the criminological and in the later criminalaspects is evident In the discourse of judicial, executive and legislativeagencies in Iran, particularly in the health bureaucracy and anticorruptiondue to a focus on situational – technical prevention and PenalCode due to the removal of these crimes from the postponement, suspension.This Resaearch intend to survey the basic coordinates and definition ofeconomic crimes and Analysis the Preventional strategies in this sphere.
Modjtaba jafari
Abstract
The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offense. ...
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The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offense. Secondly, the claim of concurrence of offenses would be accuratewhen, in the date of trial, the defendant has not been previously convicted norpunished for none of that offenses. In new Islamic Penal Code , as the formerpenal Codes, the iranian legislator has considered to the concurrence ofoffenses as one of the affecting factors in determining the penalty. In thispaper, we intend to study simultaneously the theoretical basis of influencing ofthis element in determining the penalty on the one hand, and its effectsthrough new Islamic Penal Code on the other.The aim of this study is to showthat the concurrences of offenses is not one of the amplifying elementsof thesentencebut one of its effects would be amplifing the penalty.
