Jafar Kusha; Hamid Gholami
Volume 2, Issue 7 , July 2014, Pages 9-39
Abstract
AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, ...
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AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, as well as the issue of implementation or non-implementation ofQisas (religious punishment providing that murder’s blood must be shed)which has given rise to ambiguity in punishment of murder. Under theheading of Mens Rea in the first book of the Afghan Criminal Act, theconcepts of criminal intention and contingent intent have been recognized.Thus, crime of murder, accordingly, can be categorized into murder in theabsolute sense and presumed as a murder. In the first part, the punishmentfor the murder in the absolute sense and the impacts of exacerbatingcircumstances on that will be considered. The second part will be dedicatedto the analysis of the presumed murder. Finally, the consequential andcomplimentary punishments and civil liability arising out of the murder willbe briefly dealt with in the third part.
Abudreza Javan Jafari; Farhad Shahide
Volume 2, Issue 7 , July 2014, Pages 41-71
Abstract
AbstractFrom the primary (scientific) victimology point of view some people -due tothe special charm- are attractive for delinquents who are considered aspotential victims in the criminology. Hence, the victim can be appropriateelement in pre criminal situations. Seductive and provocative behaviors ...
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AbstractFrom the primary (scientific) victimology point of view some people -due tothe special charm- are attractive for delinquents who are considered aspotential victims in the criminology. Hence, the victim can be appropriateelement in pre criminal situations. Seductive and provocative behaviors andwomen’s carelessness may provide a proper context to make them victim ofsexual assault. Furthermore, as the target of the crime, they have a decisiverole; in addition, their physical characteristics, social status and theirrelationship with delinquents have considerable role in their victimization.Therefore, it can be argued that women occasionally are not merely passivetargets of crime, but also sometimes they are cause of their victimization.This article sought to examine whether women can be blamed in sexualcrimes?
Gholam Hussein Elham; Rasul Abed
Volume 2, Issue 7 , July 2014, Pages 73-102
Abstract
This paper tries to examine the foundations of right to bear arms in USAlegal system. This right is the most ancient right which has been a subject forphilosophical arguments of Aristotle and Plato. Some believe that the rightto bear arms is a fundamental and constitutional right of the citizens, but ...
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This paper tries to examine the foundations of right to bear arms in USAlegal system. This right is the most ancient right which has been a subject forphilosophical arguments of Aristotle and Plato. Some believe that the rightto bear arms is a fundamental and constitutional right of the citizens, but theopponents argue that it is inimical to an oligarchic regime. According to thefirst view, the criminal law supports the holders to bear arm and punisheseveryone who violates this right. However, according the second, bearingarms by violation of the law has been criminalized and offenders should beconvicted. Among these approaches, the common law system was affected bythe proponent of right to bear arms, therefore, this right has been recognizedfor the people. Under this circumstance, the founders of United StatesConstitution allocated the second amendment to this right. Yet, theConstitution of Iran did not have any article about right to bear arm so thatthe legislator could be able how to regulate this part. The first chapter ofthis paper examines the primary philosophical arguments on right to beararms and the second chapter is about the rules of common law regardingthis right. Finally, the third chapter examines the effect of philosophicalapproaches and common law rules on the evolution of right to bear arms inthe United State legal system and the different criminal policy of Iran.
Rahim Nobahar
Volume 2, Issue 7 , July 2014, Pages 103-130
Abstract
There are some religious narrations prohibiting one to intercede foroffenders in Hodud (specific religious punishments). These narrations haveoften been construed and interpreted categorically and specifically referredto Hodud in its idiomatic and narrow sense, i.e. specific religiouspunishments. This ...
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There are some religious narrations prohibiting one to intercede foroffenders in Hodud (specific religious punishments). These narrations haveoften been construed and interpreted categorically and specifically referredto Hodud in its idiomatic and narrow sense, i.e. specific religiouspunishments. This understanding, in its turn, has led to form a differentialsystem of Had-Ta’zir. Through a critical study of the related narrations, theauthor concludes that the intercession in Had and Ta’zir is not as muchdifferent as it is understood in the traditional view. First, the prohibition ofintercession for criminals is not limited to those who have been convicted toHodud. Discriminatory and unwise intercession or the one which weakensthe certainty of punishment, are not acceptable- whether in Had or Ta’zirpunishment. Secondly, the prohibition of intercession for the offenders inHodud cases is not categorical. According to some evidences in the relatednarrations, it is allowed to intercede for wrongdoer provided that the casehas not been taken to the court yet; particularly when the case revolvesaround the right of people (rather than right of God) and the wrongdoer hasrepented and been corrected or the crime has been proved through theoffender’s confession
Mehrdad Rayijian Asli
Volume 2, Issue 7 , July 2014, Pages 131-148
Abstract
According to the conventional definition, fair trial is a trial by acompetent tribunal in accordance with procedural guarantees to protect thedefendants’ constitutional and legal rights especially in order to respecthis/her human dignity and presumption of innocence. Based on the argumentproviding ...
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According to the conventional definition, fair trial is a trial by acompetent tribunal in accordance with procedural guarantees to protect thedefendants’ constitutional and legal rights especially in order to respecthis/her human dignity and presumption of innocence. Based on the argumentproviding that justice and equity require recognizing the victim’s anddefendant’s rights in criminal proceeding, the present article seeks toreconsider the notion “fair trial” from a descriptive definition to aprescriptive one. In the former, respecting to human dignity of the defendantbased on his/her presumption of innocence are considered as two essentialbasic elements and providing an impartial court or tribunal and proceduralguarantees for defendant’s rights are regarded as super structural elementsbased upon. According to the latter, the article concludes introducing adescriptive definition to recognize both parties within the principle ofbalance between victim’s and defendant’s rights.
Ali Shojai
Volume 2, Issue 7 , July 2014, Pages 149-164
Abstract
Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013)referes to "one or two degrees of decrease in incarceration ". The wordingof the article makes two interpretations of the word "decrease" possible;according to the first interpretation, the word has a general meaning andcontains ...
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Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013)referes to "one or two degrees of decrease in incarceration ". The wordingof the article makes two interpretations of the word "decrease" possible;according to the first interpretation, the word has a general meaning andcontains both "reduction and substitution". The interpretation is based onthree arguments, i.e. legislative intent, context (internal criminal co-text)and the rule of interpretation in favor of the accused. While criticizing thefirst interpretation, the present essay supports the second interpretation withreference to the semantic meaning, legislative history, purpose of legislation,and various contexts. According to the second interpretation, the word"decrease" in this article only means "reduction of the punishment"; hence,the substitution of another more proper punishment for incarceration willnot be possible according to article 37 (A).
