Journal of Criminal Law Research

Abstract One of the issues in the domain of law and criminology texts which has
received special attention in the recent years is offenders supervision,
especially dangerous offenders; supervisions which aim at protecting society
against the severe crimes committed by dangerous offenders.
These sort of supervisions might lead to some law and criminology
challenges. The present researches have rarely paid attention to the
challenges of offenders supervision or merely referred to the concerns and
problems of one of the dimensions of supervision- by relying on foreign
reference. Therefore, the present article seeks to express the most prominent
challenges on offender supervision and provides working procedure to
remove them by aiming at taking benefit from statutes in Iran and relying on
the findings of a comparative study.
Making the criminal justice practitioners aware of the findings and most
important practical challenges of supervision programs in other countries
can either lead to effective enactment of laws and designing a supervision
program on dangerous offenders or lead to reform the relevant laws. The
achievement of the present research is that the issue of supervising
dangerous offenders is facing with many failures and problems from
different dimensions such as: conceptually; due to the lack of a clear border
between this concept and similar ones; on the definition; due to the lack of a
legal criterion and evidence for crime and dangerous offender; and also
from the viewpoint of legality and execution. Hence, along with an
expression of the concept of supervision, suggesting the solutions for legal
definition of crime and dangerous offenders and indication of supervisory
tactics i.e. Register, Community Notification in order to improvement
officers’ role on dangerous offenders control is truly necessary.

Abstract One of the important and considerable issues in international society is
the respect to rights of woman and man and nondiscrimination on sexuality.
States have tried to take the benefit from the guidelines and achievements of
international society in the process of internal enactment as far as the
conditions and circumstances of ruling on internal attitudes allow. Iranian
and French legislators have also passed some laws regarding the special
biological and physical conditions of women in the light of differential policy
which shows leniency toward the female criminals. In general, in Iranian
and French criminal procedure, some different laws pro women and for
protection of them have been passed. However, absence of special protective
laws especially on phase of police investigation and at the presence of
investigation authorities is evident in aforementioned law systems. What is
observed from the special cases of gender discrimination in trial system of
Iran about the positive evidences and execution of the criminal sentences
can be removed through the wise legislative criminal policy, evolution in
jurisprudence, taking advantages from existing capacities in opinions of
jurists, enactment of special provisions in homogenization and balancing
between rights of women and men about the determination of blood money
of religious minorities and Muslims, modification of compulsive insurance
law of civil liability of motor vehicles owners about necessity of same
payment of blood money of woman, and revocation of quality of
aforementioned instances.

Abstract International crimes such as genocide, crimes against humanity and etc.
bring severe effects and disastrous consequences. Subsequently, these are
also to the same degree reprehensible, and criminal reaction of states in the
form of universal jurisdiction and also responses of the international
community in the form of international court with severe punishments are
done. Hence, to deal with the question that whether it is possible to
exacerbate the punishment of such crimes again in case of the aggravating
circumstances or not, we are faced with some uncertainty. Although in terms
of philosophy of punish and imposing the penalty, existence of these
circumstances for these crimes are imaginable, these circumstances as well
as criteria and the resulted intensification of these crimes have received little
attention in the context of customary international law and international
criminal law. Statute of the Ad hoc international criminal tribunals such as
Nuremberg, Former Yugoslavia and Rwanda have no stipulation about these
circumstances; however, jurisprudence of two latter tribunals as well as
procedure and evidence of ICC discussed this topic relatively but not
comprehensively. But still, this question and its criteria and instances,
certainly will be one of the most important concerns of ICC jurisprudence in
the future. In the meantime, some recognizable of these aggravating
circumstances include: extent of brutality and violence in the act committed
by international criminals, the social status of criminals, mental state and
behavior of criminals after the crime.

Abstract Abstract
Crime prevention is of the main strategy in criminal policy which has
been always paid attention for the purpose of controlling the criminal
activity. The significance of the strategy is so considerable that the
prevention of crime has been officially recognized beyond the Acts of
parliament i.e. constitutional law. This policy has led to provide the
“Constitutionalization of crime prevention law".
In law of Iran, this strategy stays with the specific status according to the
Council of Experts in the form of several principles. In fact, the prevention of
crime has received special attention through some principles of
constitutional law which has made the institutes responsible to take the
action in the framework of policies revolving the crime prevention. This
article attempts to examine the Constitutionalization of substantive law (A)
and the Constitutionalization of procedural law (B) in the area of prevention
of crime.

Abstract Abstract
Criminal Procedure Law (2014) has moved away from the inquisitional
procedure system under the influence of global pattern of fair trial and
taking the benefit of comparative studies by adopting the modern
approaches. In the meantime, provisions revolving around the defensive
rights have outstandingly developed; the legislator has also taken his/her
rights into his consideration from the first step of the criminal process (stage
of the exposure of crime). Right to meet the lawyer and physician and
possibility of making call are considered as rights of accused in the stage of
guardian of peace intervention. Furthermore, right of accused in the
preliminary stage investigations in specific sense (i.e. at the presence of
interrogator) has entirely developed. Giving the same opportunities to the
parties has been one of the most important goals in the legislator’s point of
view in this code. Generally, these innovations can be regarded in two
pivots: reinforcement of defensive rights (balance between public interest
and interest of accused) and decrease of cases which damage the freedom.

Abstract Abstract
The doctrine of common criminal activities is considered as an example
of criminal liability in international criminal law. This concept was
discussed explicitly for the first time by the international appeal court of
Yugoslavia (Tadic) in 1999. However, it had been emphasized for several
times by international jurisprudence. It was then utilized as one of the most
important and effective methods of suing by the mentioned court and other
special courts. According to this concept, members who form a common plan
are not only recognized responsible for the planed crime but also liable for
all the crimes which are the normal and predictable consequences of that
agreement. Common activities and specially the third category of these
category which is called under the title of “broad common criminal
activities” and leads to the responsibility for the normal and predictable
consequences has been brought up as one of the controversial issues in
international criminal law. This essay is going to examine and analyze the
common criminal activities, triple classification of this concept, actus reus
and mens rea of each category along with the emphasis on the third category
of these activities and its criticism.

Abstract According to the close relations between criminal issues and public
security and order in one hand and different opinions in Islamic Law in the
most of criminal matters on the other hand, adopting the proper approach by
the legislator has been greatly taken into consideration. Wise choice of
Fatwa (religious doctrines) which provide public security in the provisions
of retaliation in the new penal code by the legislator is clearly visible and
obvious. This essay tried to express some appearances of legislator’s
approach such as: criminalization of killing a person who is supposed to be
killed according to the law (deserving death), criminal protection of victims
of murder, acceptance of blood money by avenger of the blood without the
murderer’s consent, developing the guarantees of debts to treasury for
prevention of its misuse by criminals, criminalization of killing the murderer
by avenger of the blood without the court permission, and the considering
the killing by mistake in victim’s personality as murder. These aspects may
show increase of importance of public security by the legislator. It also
increases the hope among the law scholars that preference of Islamic law
opinions providing the public security by legislator is accepted as a general
method which can be taken into account during the enactment of other
criminal provisions.