Criminal Law and Criminology
Ismail Qamari; Hoda Ghamari
Abstract
The principle of universal jurisdiction is a powerful tool in the service of international criminal justice. The principle of universal jurisdiction, under which states have the right and sometimes the obligation to prosecute and punish perpetrators of international crimes regardless of the place of ...
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The principle of universal jurisdiction is a powerful tool in the service of international criminal justice. The principle of universal jurisdiction, under which states have the right and sometimes the obligation to prosecute and punish perpetrators of international crimes regardless of the place of commission, nationality of the perpetrators and their victims, has undergone a profound transformation in various dimensions. With the emergence of transnational crimes, the need for revision on the basis of territorial and personal jurisdiction has emerged. The concept of the principle of universal criminal jurisdiction, according to which the national courts of a country can prosecute a crime that has not occurred within the territory of that country, is not the subject of an accused or a defendant, and has not committed a crime against the interests of that country, has evolved in different dimensions. Crimes such as slavery and slave trade, piracy, racism, hostage-taking and air raids have been among the universal jurisdictional norms referred to in the article of the Islamic Republic of Iran
Criminal Law and Criminology
Elaheh Eslami; Asadullah Movahhedi Ganjineh Ketab
Abstract
In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this ...
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In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this issue has been subject to structural analysis and modeling, taking into account the unchanging elements in any criminal policy, including crime, deviance, governmental response, societal response, and the fundamental and subsidiary relationships between these elements. In this analytical approach, 'crime' is often defined as a violation of necessary legal norms, characterized by normativity and necessity, while 'deviance' is defined as a breach of prevailing social norms or a state of non-conformity with average behavioral standards, often characterized by normality and the prevailing state of behavior. Due to the widespread prevalence of legal norms, such as the divine legal duties, in Islam, the division of norm-violating behaviors into 'crime' and 'deviance' within the concepts mentioned is not particularly practical for studying criminal policy in Iran. Nevertheless, within the Islamic normative system, controlled behaviors are distinguished from free behaviors
Criminal Law and Criminology
Ismail Qamari; Nahid Moradizadeh
Abstract
Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, ...
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Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, the general policy of Iran's legal and social context must rely on Islamic codes; the legislator has placed Sharia wearing under legal (criminal) protection. The presuppositions based on state social responsibilities to protect structural values, their observance, and preserve social ethics as macro-principles, and belief in hijab preventive side of victimization in some crimes, awareness, and security provision in females as a psychological basis in wisdom foundations, prompted the legislator to link female hijab with criminal law. Through descriptive and analytical analysis, this article examined legal principles of criminal intervention for hijab through verses, traditions, and legal sources. Based on the results, hijab sharia ruling has a social entity examined by legal requirements. The essential basis for hijab in administrative law is recruitment regulations and relevant conditions, while non-hijab is a violation resulting in discretionary correction. Having no hijab is not inherently criminal in civil rights (under other criminal titles), and its criminal examination is incorrect with religious, political, and social outcomes. Accordingly, legal and judicial system of Islamic Republic of Iran should observe non-hijab as a social harm
Criminal Law and Criminology
Ismail Qamari; Hoda Ghamari
Abstract
The principle of universal jurisdiction of criminal laws is one of the most important principles in determining the jurisdiction of countries and criminal laws. According to this principle, any country can, without any traditional relationship with the crime of preventing the citizenship of the criminal ...
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The principle of universal jurisdiction of criminal laws is one of the most important principles in determining the jurisdiction of countries and criminal laws. According to this principle, any country can, without any traditional relationship with the crime of preventing the citizenship of the criminal or the defendant against the place of the crime or the interests of the country, be harmed, in order to keep the criminal unpunished, pursue and punish him. Although most countries in the world today have not recognized this principle, but very few of them have actually taken action to implement it, and this is important due to international conventions and treaties that in the event of a crime, despite the fact that the perpetrator is not a citizen of that country's "territorial jurisdiction" or "personal jurisdiction" or that the crimes are not represented by the criminal laws of the country of detention
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since ...
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The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since there has not been a comprehensive investigation in this field, a comprehensive review and logical criminological analysis based on the law regarding "Iran's legal criminal policy regarding the victimization of women" is necessary. With the aim of reducing the effects of abuse on the victim and the society, as well as the reconstruction and rehabilitation of these vulnerable groups and also to prevent the repetition of their victimization in the future, a review between the rights and protective laws of abused women in the procedural law And according to that, domestic judicial procedure is implemented with international criminal laws and documents. Because due to the vulnerability of this group, it is possible for them to be victimized more than other groups in the society, and their victimization will generally have very deep and multifaceted effects on the mental health of the society.Because the attention of domestic legislators and international institutions to the victimization of women with special conditions has been and will be mutual and will be affected by each other. The results of the researches and investigations carried out along with the criminal experience of the legislative systems show that women are more vulnerable to victimization than men, because according to the cost-benefit model, which is also true in crimes, criminals are more inclined to commit crimes. By placing women in the victim position, due to their physical strength and physical resistance, they have less power than men. Despite the fact that in many countries, measures have been taken to deal with the victimization of women and to support them, but still the structure of criminal laws is mainly based on the social role of men and with less attention than women, and among them, the criminal laws of Iran, is not an exception to this rule. The purpose of this research is that in international criminal forums, efforts have been made to minimize secondary victimization in victimized women by adopting diverse, effective and continuous care support measures
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's ...
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It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws
Criminal Law and Criminology
Iman Madaniyan
Abstract
Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal ...
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Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal procedure law. Therefore, it is necessary to examine the attitude of the legislator in the civil society organizations in the criminal process and apply the findings of the collaborative criminal policy in the new law.Method: descriptive-analytical method will be used in this research. The collection of information used in this research is library and document method, and internet bases, books, magazines, etc. are used. Also, the information used in this research will be collected using the slip and slip writing method.Findings: After the developments that occurred in the last two centuries regarding the foundations of criminality, criminologists have come to the opinion that in order to formulate efficient and dynamic criminal policies, in addition to the phenomenon of the criminal and the personality of the criminal, other factors of the environment and society should also be considered. and pay attention to the criminal policy beyond the penal policy. Politics has been defined as a solution to the problems of the society, and the term "criminal" has been used to refer to criminal phenomena, which all together means a solution to deal with crime.Results: Legislative criminal policy, as the first layer of criminal policy in a law-making government, consists of the legislator's deliberation and solution regarding crime and the response to it, which takes different forms according to the dependence of criminal policy on the political system of each country. Legislative criminal policy is the taste of different legislators and their choices in all types of crimes and punishments and in general how to deal with the criminal phenomenon and criminal proceedings
Criminal Law and Criminology
Iman Madaniyan; Mohammad Reza Elahi Manesh
Abstract
Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such ...
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Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such as protection of the plaintiff against confrontation with the accused, protection of the plaintiff's identity, the right to benefit from compensation and the right to protect the plaintiff against threats, each of these components is a kind of moderation in the field of recognition. Knowing the rights of the plaintiff. Method: According to the nature of the topic and the intended goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method and is based on explanation, explanation, explanation and reasoning based on the materials extracted from the sources.Findings: In the case of the plaintiff's request, if the prosecutor or the investigating officer deems the study or access to all or some of the documents in the case to be contrary to the necessity of discovering the truth, he will issue an order rejecting the request, stating the reason. The decision to reject the request mentioned in the previous point is communicated to the plaintiff in person and can be challenged in the competent court within three days. The court is obliged to consider the objection and make a decision in extraordinary time. The court's decision is final. Results: It is possible to explain the rights and criminal laws of Iran and compare the rights and powers of the plaintiff in criminal proceedings and provide the necessary suggestions in order to eliminate the defects. After explaining the situation of the plaintiff and examining the rights and powers of the plaintiff, the researcher tries to investigate the existing situation in the protection of the plaintiff in the process of proceedings, although the most worthy of comment in this process is the initial stages of the process, i.e. the entry of a person as a plaintiff. However, the plaintiff's rights have been examined in other stages and in the rules of procedure approved in 1392
Criminal Law and Criminology
Atiyeh Vejdani Fakhr
Abstract
Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented ...
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Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented is that, this category, by paying attention to (invariable elements) existing in every criminal policy (crime - deviance and government response - social response) and (relationships) existing between these elements, (structural analysis) and (modelling). In this method, (crime) is investigated as a violation of mandatory norms, usually legal (normativity-must) and (deviance) as a violation of prevailing social norms or a state of non-compliance with the average behavior (normality - the dominant state of the existing behavior) is defined. Considering the pervasiveness of legal norms (the rules of obligatory khumsah tavariyyah) in Islam, for the study of criminal policy in Iran, dividing the behavior that violates the norm into (crime) and (deviance) - in the aforementioned concepts It is not practical. Nevertheless, in the normative system of Islam, controlled behaviors are distinguished from free behaviors
Criminal Law and Criminology
Atiyeh Vejdani Fakhr; Talia Vodjani Fakhr; Mohammad Reza Elahi Manesh
Abstract
In some cases, the innate nature of criminal act is punishable regardless of realization or non-realization of any result, and in this sense, to realize the criminal responsibility, there needs causality relationship, since the relationship always requires two parties (i.e. behavior and result) and when ...
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In some cases, the innate nature of criminal act is punishable regardless of realization or non-realization of any result, and in this sense, to realize the criminal responsibility, there needs causality relationship, since the relationship always requires two parties (i.e. behavior and result) and when result is not essential, the existence of a causal relationship will not be necessary. In some crimes where obtaining a criminal result is essential for its realization, three conditions are required for the realization of criminal responsibility: (i) the presence of criminal behavior, (ii) occurrence of a harmful incident, and (iii) existence of causal relationship between criminal behavior and harmful event. It is feasible to explore and prove causal relationship in some cases, especially when an agent was involved in the result realization, as someone killing somebody by a gun. Instead of providing a vivid and decisive rule, the 2012 Islamic Penal Code attempted to provide some solutions by taking certain situations and conditions into account. Given that, in transverse case of stewardess multiplicity, the result is taken into account of all parameters, and in the longitudinal case, the last stewardess may be the guarantor, the first stewardess, or even both. Besides, in the multiplicity assumption of causes transversely, equal responsibility has been ordered, and in case of longitudinal involvement, provided the unintentional crime, the primary stewardess has been mainly affected
Criminal Law and Criminology
Talieh Vedjani Fakhr; Mohammad Reza Elahi Manesh
Abstract
According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental ...
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According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental relationship excludes retribution exclusively, but blood money and atonement are appropriate. Although the murderer is sentenced to deflation punishment, blood money and atonement are maintained. Furthermore, the murderer is sentenced to deflation punishment. The existence of parental relationship prevents the retribution proof, even if the infidel father kills his Muslim child. Since there was a requirement to prohibit retribution, and thus there is the non-requirement principle. It is worth to note the way of committing the act is frequently fatal. In the present article, the researcher seeks to answer this question that why mother is not included in line with father in Article 301of Islamic Penal Code? To answer, the hypothesis is raised that according to Article 301 of the Islamic Penal Code, where the mother is the murderer and the victim is her child, the punishment is not the same as that of father. The data collection was done through analysing the library-based resources
Criminal Law and Criminology
Massoumeh Dalili; Mohammad Reza Elahimanesh
Abstract
Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under ...
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Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under which the death penalty is imposed is the issue of Hodud. Hudud are also punishments that are considered for some important sins, the type, amount and quality of which are determined by the holy shari'a in the book and tradition. Considering that after the Islamic Revolution, one of the sources of legislation in our country is jurisprudential books, in this article, we examine the jurisprudence and law, the basis and criteria for determining the death penalty for crimes subject to hadd, and on the one hand, comments Various and famous jurists are discussed and examined, and on the other hand, certain crimes subject to execution are investigated according to the Islamic Penal Code adopted in 2013.
Criminal Law and Criminology
Atiyeh Vejjani Fakhr; Fatemeh Elahi Manesh; Mohammad Reza Elahi Manesh
Abstract
Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures ...
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Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures for children, adolescents, and the insane, and then besides most instances of the provisional and educational measures of the above law mentioned were determined as supplementary and secondary punishments, while the other cases were specified as fundamental punishments in the form of orders and measures, some of which are protective and some are educational added to the country's penalty system. The aim of provisional and educational measures with correctional, therapeutic, and educational strategies was to reduce the amount of crimes and reform them. Nowadays, with the expansion of crimes and emergence of new ones, determination of sorts of these actions and their scope expansion can be significantly helpful in judicial system. Provisional and educational measures in 2013 law are so extensive, diverse, and modern that many of them did not exist in Islamic Penal Code. Many legal articles of this law indicate the legislator's special attention to their application as well as the correction category and criminals' rehabilitation.
Criminal Law and Criminology
Sajjad Momeni
Abstract
The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming ...
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The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming multiple reasons, it is one of the most difficult issues in criminal law, determining the causal relationship between a criminal act and the obtained result, especially in the case of multiple causes, is one of the most difficult issues in criminal law. When several individuals are involved in the crime at various (longitudinal) times and there is a relatively long time gap between the interveners’ behavior and the result (such as murder), this issue sometimes appears as a serious problem and unsolvable dilemma, as well. Article 494 of the Islamic Penal Code explicitly states that; “Abetting is to commit a crime directly by oneself” and refers to Article 492 in the discussion about crimes against the physical integrity, the others’ lives, and in the manner of cooperation in murder commission, as well as in the discussion of cause, the abettor, and its relationship to the contagion in crimes; “A crime is punishable by retribution or blood money if the result is the evidence of the perpetrator’s behavior, whether it is committed directly, through the intercourse, or in their community.” It can be concluded that in premeditated murder, one of the cases that, despite the perpetrator’s intention to kill, can break the citation relationship between the perpetrator’s behavior and the result, is the behavior of the victim. Besides, this behavior by the victim is “intentional or unintentional”, or it is further in the omission form, which can interrupt the citation relationship between the perpetrator’s behavior and the resulting murder.
Criminal Law and Criminology
Nasim Mokhtari
Abstract
The significance of confession in criminal actions and even in civil ones is such that legal scholars call it as the queen of reasons. Its importance is such that being always cited as the prominent reason in lawsuits. The accuracy and validity of the research has been investigated and there is evidence ...
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The significance of confession in criminal actions and even in civil ones is such that legal scholars call it as the queen of reasons. Its importance is such that being always cited as the prominent reason in lawsuits. The accuracy and validity of the research has been investigated and there is evidence to confirm it, and may not be relevant to determine the accused guilt through the knowledge and inference of the court and thus, has no value and cannot even have a practice. Confession in this way is a perfect violation of citizenship rights in judicial proceedings. One of the evident examples of criminal justice is the observance of citizenship rights in the courts and the most profound element for respecting citizenship rights, security and freedom in court hearings, more particularly the defendants’ confession. Ensuring the rights of citizens and administering justice in all steps of the trial, including crime detection, prosecution, investigation, trial, punishment or security measures, is one of the basic duties of criminal justice. This article explains the position of “confession” in the trials and its validity with emphasis on the citizenship principles.
Criminal Law and Criminology
Atiyeh Vejdani Fakhr; Seyyed Mohammad Hosseini
Abstract
The permission of a non-innocent judge to rely on his personal knowledge as a judge is one of the long-standing issues recently become a problem which is afflicted by the judiciary. The matter of whether a judge can consider himself as non-reliance in a trial and vote only with his knowledge or whether ...
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The permission of a non-innocent judge to rely on his personal knowledge as a judge is one of the long-standing issues recently become a problem which is afflicted by the judiciary. The matter of whether a judge can consider himself as non-reliance in a trial and vote only with his knowledge or whether being adhered to the reasons proposed by both parties in the trial has long been raised in our law and jurists have discussed its practice. Arbitration between the people and the resolution of lawsuits is a provincial position and the judge is in charge of this position. Judgment is a religious position and one of the duties of a comprehensive jurist other than the guardianship. It is one of the prominent pillars of the Islamic government, and perhaps it can be stated with confidence that the most basic duty of any government is resolving hostility and the issue of conflict between citizens as well as justice realization in numerous social areas. If we want to rely merely on jurisprudential and religious standards, we find that in the era of the absence of judicial guardianship, “in vain” is entrusted to a comprehensive jurist, and in principle, judging a non-jurist or not authorized by the jurist is illegitimate and non-influential. Hence, the proposed study has been dedicated to identify the significance, definition, impact and evaluative techniques of judge knowledge and finally, after discussing the relevant issues, it is concluded that in Iranian law, according to existing laws, only science of the evidence is valid. And the judge's personal knowledge is only in charge of controlling function of the other evidence. In other words, it merely stands for the untrue evidence, but cannot try to prove anything.
Criminal Law and Criminology
Seyyed Mohammad Hosseini
Abstract
In Imami jurisprudence and Islamic Penal Code, the theft issue has been introduced as one of the crimes against human property and ownership: a) Theft which is comprehensive of the penance condition and is referred to as the penance theft; in this case, the thief is sentenced to theft. b) Robbery committed ...
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In Imami jurisprudence and Islamic Penal Code, the theft issue has been introduced as one of the crimes against human property and ownership: a) Theft which is comprehensive of the penance condition and is referred to as the penance theft; in this case, the thief is sentenced to theft. b) Robbery committed in the form of armed robbery or banditry and causes public terror, in which case it is regarded as combat and corruption on earth and its perpetrator is condemned as combat and corruptor on earth. c) Theft that does not meet any of the above- mentioned conditions; in this case, it is known as canonical punishment theft and the thief is canonical punishment. This article deals with partial theft in the Islamic Penal Code of 2013 and its compliance with jurisprudential texts. Through studying the jurisprudential sources related to the issue of theft, they have determined the limits and punishments appropriate to the form and dimensions of theft crime. The proposed article has of course never been attempted to provide comprehensive research; however as far as possible, the related issues should be presented based on the research topic.
Criminal Law and Criminology
Zahra Rahimi; Reza Rashidi
Abstract
Today, the judicial policies of numerous legal systems are aimed at declining the courts’ workload and taking effective action by resolving issues, lawsuits and disputes of individuals in other sectors. Many efforts have been thus made in the legal system of the Islamic Republic of Iran. One of ...
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Today, the judicial policies of numerous legal systems are aimed at declining the courts’ workload and taking effective action by resolving issues, lawsuits and disputes of individuals in other sectors. Many efforts have been thus made in the legal system of the Islamic Republic of Iran. One of the most prominent ways to obtain this goal is to emphasize the preparation of documents in notaries. Given that notaries are one of the legal authorities in the preparation of official documents in relation to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without going to court, plays a significant role in line with this goal. The most important goal that is pursued in the regulation of any document is its implementation. Undoubtedly, official documents have significant advantages than the other documents, including the contents’ validity and of these documents, their inviolability by third parties to the document, their enforceability and capability. Likewise, their implementation without referring to the judiciary and thus reduce the work of the justice courts. These privileges and effects of notarial deeds have led the legislature to formulate various laws and regulations, and as a result, have extended particular performance guarantees for the rapid implementation of the provisions of notarial deeds.
Criminal Law and Criminology
Atiyeh Vojdani Fakhr; Mohammad Reza Elahi Manesh
Abstract
Background: Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the ...
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Background: Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the scholars about the retaliation permission of all partners; which is attempted to be illustrated in this article. The issue of complicity in murder is a problem related to retribution by which the courts in the country have received a majority of verdicts. The reason for this pluralism is the lack of issue recognition. It should be noted that retaliation is a ruling that relies on the individuals’ lives and dignity; therefore, it is essential to be careful in its implementation, and to know all its related matters. This investigation tries to identify all cases in which retribution is imposed on all participants. The ruling of Article 373 in the Islamic Penal Code, which stipulates the retribution of all partners in premeditated murder, is in terms of the verse “النفس بالنفس” and the caution principle for extravagance in murder, in terms of the punishment purpose as the non-interference of them in the punishment of killing a criminal who even commits numerous crimes and deserves several punishments is an issue of extravagance in murder. Materials and Methods: The proposed article is based on analytical-descriptive study of laws, jurisprudence, jurisprudential sources, legal books and articles as well as the other sources, their inference and conclusion. Findings: Not wasting in murder is an expression taken from verse 33 of Surah Al-Isra′ in which after stating the sanctity of killing someone and the right of the victim's guardian towards the murderer is prohibited from excessive murder. The verse appearance in terms of its previous phrase illustrates not to exaggerate in retaliation, however in terms of the term murder can also include cases where an individual deserves to be executed, so the extension of the death penalty such as the ropes use which cause taking a breather becomes extravagant in murder. Hence, being doubted this citation; we could not order the complicity in the murder. This research has been conducted by library method.
Criminal Law and Criminology
Milad Jahani Janagard; Bahram Hashemi Shahri
Abstract
The formation of personality files in the modern sense is one of the effects of the twentieth century. In the second half of the twentieth century, the formation of personality files and also the need to identify the personality of the perpetrator has been considered as one of the most important and ...
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The formation of personality files in the modern sense is one of the effects of the twentieth century. In the second half of the twentieth century, the formation of personality files and also the need to identify the personality of the perpetrator has been considered as one of the most important and fundamental axes in the field of criminal law in most international conferences and country law. Given that children and adolescents in terms of their sensitive and delicate spirits have paid more attention to this important issue. In Iran, conducting social, personal and family investigations of children contrary to the law is provided in Article 7 of the Law on the Establishment of Juvenile Juvenile Court in 1338, and after that in the draft bill of the Criminal Procedure Code of 1352, Article 222 of the Law The procedure of general and revolutionary courts in criminal matters is foreseen in 1392. But unfortunately, it is observed that there are obstacles and gaps in the formation of personality files regarding children and adolescents that need to be reviewed by the legislator and obstacles removed, so that paying attention to the personality of children and adolescents in order to re-socialize them is very important.
Criminal Law and Criminology
Sadegh Namdari
Abstract
It is unfamiliar to discuss about criminal liability for remote surgery as well as robotic surgery for those minds which are accustomed to dogmatism in medical criminal law, while the modern horizons in criminal responsibility of our surgical team lead us to explore the differential and specialized components ...
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It is unfamiliar to discuss about criminal liability for remote surgery as well as robotic surgery for those minds which are accustomed to dogmatism in medical criminal law, while the modern horizons in criminal responsibility of our surgical team lead us to explore the differential and specialized components of robotic and remote surgeries through re-thinking the traditional teachings on this issue. Thus, in this article, the author tries to explain the theoretical foundations governing criminal responsibility of the surgical team in robotic surgeries, regarding software disorders and hardware disorders disrupting the surgical process and cause harm to the patient and may lead to the death of patient, thus it should be considered separately and based on the consequences of each of these disorders, explain the differential criteria of criminal responsibility of the surgical team. The method of data collection has also been library-based and using the available resources. Although most researchers and experts agree on the effectiveness of using this technology to provide specialized services and enhance access to these services, however this method is a solution to overcome all problems related to the lack of financial and human resources in the health system. Rather, it should be regarded as a supplementary solution to solve the existing issues in providing high quality care.
Criminal Law and Criminology
Fatemeh Vajdani Fakhr
Abstract
Trafficking human beings, particularly females and children, known as modern slavery, has been an instance of organized crime being intensified since the early 1990s, and has become a global issue in recent years aimed for sexual exploitation. Trafficking is now an extent phenomenon worldwide so much ...
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Trafficking human beings, particularly females and children, known as modern slavery, has been an instance of organized crime being intensified since the early 1990s, and has become a global issue in recent years aimed for sexual exploitation. Trafficking is now an extent phenomenon worldwide so much many females, who have left their home and homeland to escape poverty and seek a better life, not only have not achieved it, but are increasingly plunged into a whirlpool for which there is no escape. Trafficking human beings as a criminal offense punishable in Iran does not have a long legal history, however due to the lack of accurate criminal statistics, it cannot be discussed about the real or near-real exchange rates of trafficking females. However what is in the newspapers or in the public language illustrates the alarming statistics on human trafficking in Iran. The present study aims to examine numerous ambiguities and weaknesses in domestic and international legal system on human trafficking. The author has also made great efforts in debugging and harmonizing Iranian criminal law with existing international documents by providing constructive solutions and suggestions
