Criminal Law and Criminology
Milad Jahani Janagard
Abstract
The presence of counselors and social workers during the juvenile criminal proceedings is very important and undeniable. Accordingly, a discriminatory policy on children and adolescents will provide a supportive approach to adopting responses. Social workers and counselors, as the most clinical forensic ...
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The presence of counselors and social workers during the juvenile criminal proceedings is very important and undeniable. Accordingly, a discriminatory policy on children and adolescents will provide a supportive approach to adopting responses. Social workers and counselors, as the most clinical forensic agents and in line with the principles of participatory juvenile justice, can take on several roles from the child's first contact to the official criminal justice authorities for sentencing and execution, even after sentencing. The importance of paying attention to the presence of counselors and social workers is so great that it has been emphasized in many international documents on children and adolescents; In addition, the Iranian legislature has mentioned this important issue in the Criminal Procedure Code adopted in 1392 in various legal articles. However, in practice, it is sometimes observed that the presence of this group of people in the juvenile courts of Ardabil city faces challenges that in fact the way to achieve the goals set by the legislator in order to differentiate has been challenged. Is; By providing appropriate solutions in this regard and the cooperation of supervisory units, these challenges can be reduced to some extent so that their presence during the trial in juvenile criminal courts of Ardabil city becomes a requirement.
Criminal Law and Criminology
Asma Seid Yousefi
Abstract
The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised ...
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The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised what is the nature and rules and regulations regarding dismissal in the Iranian legal system. Likewise, some challenges related to one of the most prominent legal issues, namely the dismissal order, have been raised. Ambiguity, conciseness and imperfection of laws and regulations, as well as the lack of judicial procedure in this regard, while addressing the nature of the dismissal sentence, certainty or uncertainty, the quality of its execution and the scope of the sentence and the practical obstacles to it according to the mechanisms set forth in the political law and the political-legal structure of the Islamic Republic have been examined. They move from sensitive positions or geographical locations so that the employee's family order is not endangered in terms of livelihood and economy.
Criminal Law and Criminology
Sajjad Momeni; Firozeh Geravandi; Ahmad Khosravi
Abstract
Background: The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified ...
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Background: The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified the physician’s liability by relying on these two rules.Materials and Methods: In this study, all articles published up to the winter 2021 in Persian on the liability of the influential factors in surgery with view to jurisprudence teachings were reviewed. By searching databases, Quarterly Journal of Medical Law, Iranian Journal of Surgery, sid. ir, Quarterly Journal of Medical Jurisprudence and Civilica Publications, Quarterly Journal of Private Law Research, through keywords as civil liability, Islamic jurisprudence, commitment and liability of physician, medical error and criminal liability, these articles were obtained. It has also been derived from reliable scientific journals from the above-mentioned articles and websites.Findings: According to law historical course on physician’s liability in Iranian law, based on 2013 Penal Code, if the physician is not at fault in science and practice, there is no guarantee for him, even if he has not been acquitted (paragraph 1 of Article 495); indeed, the new penal code has adopted guilt basis.
