Journal of Criminal Law Research

Abstract Abstract
According to a seemingly well-known opinion between Shi’ite jurists, if
someone commits a prescribed crime (hadd) four times, he would be
convicted to the death penalty if the punishments for the three previous
crimes have been carried out. This article critically re-reads the evidences
and arguments supporting this opinion. Due to the weakness of some
narrations in the field, serious conflict between them and the possibility of
historical interpretation of them, the author comes to the conclusion that
implementing the death penalty for repeating prescribed crimes (hudud) is
not a mandatory prescribed punishment.
Alternatively, the article suggests providing a preventive punishment instead
of the death penalty particularly when the offender is repentant and/or the
society can be protected from the evil and harm of the offender by other
ways. The idea is consistent with the foundations of Islamic law particularly
with the principle of precaution (ihtiyat) in human life which has been
insisted in the Holy Legislator’s teachings in various ways.

Abstract One of the significant matters in realm of relationship between morality and
criminal policy is the discussion which revolves around the morality of
punishment application. In criminal policy as well as the public policy, we
observe the practices and approaches in which any purposes justify the
resorting to penal instruments; we can call them penal instrumentalism. In
this essay we are seeking for conceptualization and representation some
indicators for recognizing it between a set of measures of criminal policy.
For this purpose, after making a clear boundary between this concept with
other similar concepts such as populism, consequentialism, utilitarianism,
and pragmatism, we have divided the indicators of an instrument-based
criminal policy into objective and subjective categories. The first, is involved
in 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 practical
good, and finally resorting to a quick and easy resolution or relief.

Abstract bstract
One of the fundamental features of law is having of sanction. If law abiding
see themselves freedom and without punishment in performance or rules of
law, how one can accomplish aim of law that is regulation of personal
relationships and establishment of discipline in society. so whenever rights
of people be molested, reaction against violator should be provided and
ensured. Procedural rules and principles as partial of rules of law with
their special sanctions also have been protected by legislator and judicial
precedent. Some of these sections has personal aspect and includes wide
range of administrative – disciplinary or criminal and civil measures. This
category of sanctions unlike guarantees related to procedural process can
be made against officials and authorities involved in criminal procedural
process that with their performance cause procedural fundamental
principles are violated.

Abstract
In the Islamic criminal code essentials’ section (2013); we are observing the
fundamental changes and innovations relating to the formercode. The
objective of the legislator in increasing the essentials’ section is that it defends
the society against the criminal phenomenon in different discussions of
criminal laws and rights, especially, the regulations dominant on punishments
by adopting reformist approaches by respecting the interests of the criminal.
The institution of deferment of the sentence is a modern formation that has
been extracted and adopted from French law and has no background in law
texts of our country. The mentioned institution that is used only in connection
with the non-dangerous criminals (especially children), has been regulated
and adjusted to prevent the criminal labelingof such criminal group, and
assisting to reform them.

Abstract Abstrct
Children and juvenile sex tourism has nowadays become one of the most
profitable transnational organized criminal practices, which as a new type
of child and juvenile victimization in the world, became a manifestation of
modern slavery of children and minors. This practice involves the abuse and
prostitution of children and minors, their forced employment in brothels and
their sexual exploitation, as well as and providing venues sexual engagement
and pleasure of travelers coming mainly from the industrial and developed
countries. Due to the lack of children's capacity to consent, child sex tourism
is considered an acute and inhumane phenomenon against which a global
consensus and firm determination has been formed. This paper is an effort to
draw attention to the status of sex tourism, and, in this context, describe the
victimization of children and juveniles as a modern type of sexual
exploitation and overview Iran's legislative criminal policy measures, along
with its strengths and weaknesses.

Abstract Abstract
What is known today as economic crime involves harm and severe
damage to the economic system of each country and the international
economic system in the cycle of production, distribution, transportation,
consumption and money.So,In the last decade, international organizations
like the United Nation and the Union of Europe,have predicted differential
criminal policy in light of though penal approach. Different Legal systemsin
light of international conventions like United Nations convention against
corruption (MERIDA)walk toward such a convergence in the prevention and
combat against Economic crime because some kinds of these crimes as
money laundering and Environmental Crimes have been known as global
offences. This approach in the criminological and in the later criminal
aspects is evident In the discourse of judicial, executive and legislative
agencies in Iran, particularly in the health ‌ bureaucracy and anticorruption
due to a focus on situational – technical prevention and Penal
Code due to the removal of these crimes from the postponement, suspension.
This Resaearch intend to survey the basic coordinates and definition of
economic crimes and Analysis the Preventional strategies in this sphere.

Abstract The concurrence of offenses is aspecific situation in whicha person commits
some crimes and then he would be arrested tobeprosecuted and punished for
all of that crimes. There are twopoints inthis definition: Firstly, the
concurrence of offenses arises whenthe defendant has committedmore than
one offense. Secondly, the claim of concurrence of offenses would be accurate
when, in the date of trial, the defendant has not been previously convicted nor
punished for none of that offenses. In new Islamic Penal Code , as the former
penal Codes, the iranian legislator has considered to the concurrence of
offenses as one of the affecting factors in determining the penalty. In this
paper, we intend to study simultaneously the theoretical basis of influencing of
this element in determining the penalty on the one hand, and its effects
through new Islamic Penal Code on the other.The aim of this study is to show
that the concurrences of offenses is not one of the amplifying elementsof the
sentencebut one of its effects would be amplifing the penalty.