Department of 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 ...
Read More
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
Department of 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 ...
Read More
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
Department of Criminal Law and Criminology
Atiyeh VejdaniFakhr
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 ...
Read More
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
Department of Criminal Law and Criminology
Atiyeh Vejdanifakhr; 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 ...
Read More
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
Department of 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 ...
Read More
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
Department of 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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of Criminal Law and Criminology
Atiyeh Vejdanifakhr; 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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of Criminal Law and Criminology
Atiyeh Vojdanifakhr; 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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of Criminal Law and Criminology
Asma SeidYousefi
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 ...
Read More
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.
Department of 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 ...
Read More
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.
Department of Criminal Law and Criminology
Sadegh Namdari
Abstract
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 ...
Read More
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 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.
Department of Criminal Law and Criminology
Fatemeh Vajdani Fakhr
Abstract
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 ...
Read More
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 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
Department of 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 ...
Read More
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.
