kamran mahmoudiyan
Abstract
Abstract; The sentence for the compensation on damaging and dissipation of internal organs in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal ...
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Abstract; The sentence for the compensation on damaging and dissipation of internal organs in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal cases. The adoption of art.563 of the Islamic Penal Code in 2013, extended the principle of odd and even in cases of internal organs loss, and suddenly dispersed the aforementioned procedures. In this article, alongside the explanation and analyzing the fundamentals of jurisprudence and the legal precedent before and after the adoption of the mentioned article, we have come to the conclusion that from the view of the jurisprudence, based on clear evidence variety, the term implying traditions on the common internal and external organs is problematic. Hence, the Hadiths on the subject deal with external organs. Additionally, the current subject of the said article based on "fixed atonement" for the loss of internal organs is contrary to the theory of "reformed or nominal justice” of civil liability and is also opposed to the principle of proportionality in the criminal law
Nabiollah Gholami
Abstract
Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the ...
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Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the national and international level. The criminalization of such deed in the statute of International Criminal Court (1998) as one of the examples of war crimes is an indicator of the depth of concern of international community about the given crime. Convention against taking a hostage (1979), as the most important document tailored for this crime, has obliged the member countries to impose criminal sanctions for the perpetrators of this crime. According to the Iranian legal system, in spite of the adoption of this Convention in the Parliament, certain criminal sanctions for the perpetrators of this crime have not been established. Hence, in the cases of committing this crime, there is not a same procedure in order to determine the punishment for its perpetrators. In this paper, reviewing the Convention and other international documents and related provisions in Iran, determining the constitutive elements of this crime, the penalties applicable in the case have been investigated.
behroz gholizadeh
Abstract
According to art.492 IPC, the crime leads to Qisas or Diya when there is a causal relationship between committed behavior and resulted crime. One of the factors which cuts the chain of causation in the murder is the victim's behavior. The victim can diminish causal relation by "deliberate, consciously ...
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According to art.492 IPC, the crime leads to Qisas or Diya when there is a causal relationship between committed behavior and resulted crime. One of the factors which cuts the chain of causation in the murder is the victim's behavior. The victim can diminish causal relation by "deliberate, consciously or unconsciously" behavior which may be in some cases by omission. However, in some cases, perpetrator's intent is so extensive that the victim's behavior will have no effect on the assignment of crime to him. There are some questions here; what is the victim's behavior effect on the causal relation in murder? What is the effect of perpetrator's intent in the assignment of murder?In this paper, by using descriptive-analytical approach alongside studying the causality relationship between perpetrator behavior and the result of that behavior in murder, the effects of victims behavior on occurrence murder will be studied, and the related questions will be answered by resorting to legal principles and jurisprudence.
Abstract
In the realm of rights and supports for victims, many innovations in the new act of Criminal Procedure, following the new approach to criminal justice such as restorative justice, and supportive victimology have been permitted. We have already observed this approach in the Statute and the procedure of ...
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In the realm of rights and supports for victims, many innovations in the new act of Criminal Procedure, following the new approach to criminal justice such as restorative justice, and supportive victimology have been permitted. We have already observed this approach in the Statute and the procedure of the International Criminal Court, which is the result of the interaction of legal representation in most countries, especially the two great systems, i.e. common law and Roman and Germanic. A comparative study shows that Iranian legislator, despite detecting new rights for the victim, is still encountering shortcomings such as the lack of explicit identification of legal entities as the victim, ignoring the right to have a lawyer for the victim in the investigation stage, not enjoying the appropriate medical and psychological care and support, not consideration the closed and the wrapping notifications in order to keeping hidden and secret identities of victims and lack of necessary sanctions for the violation of the rights provided for them. Yet, the biggest challenge for the Court is incoherence and not formulating the active participation of victims in the prosecution and investigation stages and their lack of proper legal guidance.
hedyeh hedayat; seyed hossein hashemi
Abstract
The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial ...
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The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial and for the case of child abuse within the family, the best interests require some exceptions; i.e. children temporary separation and foreclosure maintenance of parents in severe cases with emphasis on the best interests of the child. This article, through international documents, tends to peruse the need to protect children in their family after victimization by family members. In this line, the importance of family-centered cares with expanding the alternative family and finally, suitable accommodations in institutions are taken into account in the hope of the return of children to the family. Moreover, continuity and in critical conditions of failure to satisfy child’s needs by alternative family and in the lack of hope to return to the family, full separation is the last resort. A comparative study between international documents indicates many legal vacuums in Iranian laws. Present Laws fail to guarantee the principle of non-separation of the child from family suitably. In this situation, the legislative criminal policy must be established in order to protect children against the victimization.
Masoud Mostafapoor; Seyed Mohamad Hoseini
Abstract
Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve ...
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Abstract;
One of the most important types of crimes mentioned in the Islamic Penal Code is violent crimes. Violent crimes cover a wide range of crimes which despite many differences, they are shared in having the element of "aggression". Some of the researches conducted about age-crime curve have proven that among the four age groups "children and adolescents", "the youth", "the middle-aged" and "the elderly", the first age group is more involved in violent crimes than the other groups. In this regard, this article seeks to consider violent crimes of children and adolescents, with a focus on the study fields of "neurological impairment", "attention deficit hyperactivity disorder" and "brain chemistry", as three branches of "neurophysiology", an issue that in contemporary criminology known as "Neuro criminology". Although biological criminologists disagree about the ways of communication between neural disorders with violent crimes of children and adolescents, most of them believe that amount of the impact of each the above three fields is completely "relative" and true in interaction with the psychological and social factors.
