Original Article
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
Original Article
Private Law
Sajjad Hasani
Abstract
In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. ...
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In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. Indirect infringement is a mistake that, although it does not directly lead to the infringement of intellectual rights, but provides the prerequisites for it, causes the infringement to occur and imposes responsibility on someone who has not committed the material element of the infringement of intellectual rights. Intellectual property rights are an important factor in attracting foreign direct investment, strengthening the foundations of intellectual property rights to attract foreign investment requires determining the legal ratio between intellectual property rights and foreign investment. The intellectual property rights system consists of various international conventions, the most important of which is the TRIPS Agreement, which serves as the minimum international standard for the protection of intellectual property rights, and the international investment law system, which consists of bilateral investment treaties and regional and bilateral free trade agreements, which are an important factor in regulating foreign investments today. Intellectual property is recognized as an example of foreign capital in the definitions of foreign capital of investment agreements. Foreign capital of intellectual property requires that it benefit from the protections provided in investment agreements. The protection standards provided in investment agreements are higher than TRIPS and are referred to as TRIPS Plus
Original Article
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
Original Article
International Rights
Zahra Rahimi; Reza Rashidi
Abstract
The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary ...
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The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary in principled or dogmatic method, prefers political considerations and interests of the country over legal requirements. The second method, which is termed as legal method or appropriate selection, considers the verdict that is scientifically suitable for any legal issue. Also, private international law and international conventions have incorporated several rules to resolve the conflict of laws. Among them, we can refer to the rule of conflict resolution with main and secondary communication factors, the rule of conflict resolution of laws with main and secondary communication factors, the rule of plural conflict resolution, the rule of alternative conflict resolution, the rule of dissociative conflict resolution and the rule of conditional conflict resolution. It is the laws and regulations that discuss the non-domestic legal relations of nationals of countries and how to apply legal regulations to these nationals in terms of the jurisdiction of laws and courts. One of the most important issues related to private international law is the conflict of laws that occurs when a private law relationship to The reason for the intervention of one or more foreign factors is related to two or more countries. In this research, we examine the general conflict of laws and the issues raised in the conflict of laws in Iran's private international law
Original Article
Private Law
Reza Rashidi; Zahra Rahimi
Abstract
The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from ...
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The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from a defense lawyer during the preliminary investigation and trial stages. The presence of a lawyer has been considered in all the past periods. Accordingly, in Article 35 of the Constitution, this matter has also been taken into consideration by the legislator. considered it subject to the prescription of the court, but the lawmaker in the Criminal Procedure Law of 2012 clearly stated the right to have a lawyer in all stages of the proceedings. The company of a defense lawyer is accepted in all the stages of the proceedings in the regulations of most countries of the world, and this right has undergone many changes in the laws before and after the revolution in our country. The criminal procedure approved in 1392 has been analyzed and evaluated with a comparative comparison with the French criminal law in different stages of the trial, including the stage under observation, the prosecutor's office and the court, and in other parts of the research, the position of the lawyer in human rights documents has also been examined from the point of view of critical criminology. And finally, the important innovations in the field of lawyer's intervention, which the legislator predicted for the first time in the said law, have been addressed; And at the end of this research, the Criminal Procedure Law of 1392, with all its problems and shortcomings, was much more progressive than the previous laws and better respected the defense rights of the litigants. Involving the lawyer in all crimes and predicting immunity for the lawyer during the defense process. This research, with the help of descriptive method, explains and analyzes the provisions and developments of Iran's criminal procedure law with the perspective of French law
Original Article
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
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The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
