Original Article
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.
Original Article
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.
Original Article
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.
Review Article
Private Law
Marzieh Babazadeh Namini
Abstract
Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer ...
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Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer rights protection law, the manufacturer of the final product is usually the one who takes responsibility as the manufacturer. But the manufacturer of the defective component is responsible for the damage caused by the resulting defective product, as well as the person composing the material, is deemed by the manufacturer. In Iran's law, the responsibility for compensating the consumer is determined by the responsible authority of the person or legal person, whether private or public, which has caused the user to enter the damage and harm. This research uses a descriptive-analytic method to study the comparative study of civil liability caused by the actuarial disadvantages of drugs in Iranian law with a view to English law. The results show that the civil liability of Iran and the UK are apparently different. In England, unlike Iranian law, deliberately and unwittingly, they are two independent lawsuits for civil liability. Compensation for mistakes, misdemeanors and neglect the pharmacists' offices in the delivery of medicines are subject to the responsibility of the insurance professional of pharmacy and drag companies, according to the doctor's dossier. According to the Teshibod rule, pharmacists are known as guarantors for consumers and are responsible for compensating them for damages.
Review Article
Private Law
Fatemeh Farsian
Abstract
Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles ...
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Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles related to the last 20 years (from 2000 until now) in persian and English. Studies with unspecified sample size and implementation or only on non- electronic security and banking protocols, were excluded from the study. Articles whose full text was not available were also excluded from the study. Finding: Given that monetary and financial exchanges are an integral part of commercial exchanges, therefore, along with the expansion of global e-commerce, monetary and financial institutions to widely support and facilitate e- commerce widely use the information and communication technology they have brought. As a result, electronic payment systems have been gradually replacing traditional payment systems over the past few decades. Conclusion: Banks are affected by changes in globalisation and financial liberalisation, in response to which banks are expanding their service to customers, expanding their dependence on technology, while competition for banking services has increased. They are trying to reach higher levels of Internet banking acceptance among their customers.
Original Article
International Rights
Fereshteh Abbasi Tabrizi
Abstract
Background: Oil pollution in the sea occurs periodically and intermittently. Such incidents are of high significance in jurists and experts to the risks of marine environmental pollution. Nowadays, the environmental abuse has transcended national borders, while the function of the international legal ...
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Background: Oil pollution in the sea occurs periodically and intermittently. Such incidents are of high significance in jurists and experts to the risks of marine environmental pollution. Nowadays, the environmental abuse has transcended national borders, while the function of the international legal system in this area has not been so successful and satisfactory.Materials and Methods: In this study, all papers published up to the spring-2022 in Persian and Latin on evolutions in international law regarding compensation for oil pollution were reviewed. These publications are searched through databases, International Law Journal, Exploration and Production Monthly, sid.ir, Parliament Quarterly and Civilica Strategy and Publications, Mazandaran University of Medical Sciences Journal Quarterly, using keywords such as; environmental regulations, oil pollution, international responsibility of governments, compensation, environmental pollution have been obtained. It has also been extracted from reputable scientific journals from the above articles and websites.Findings: Compilation of environmental damage indicators, other than preventing the occurrence of environmental pollution, assist to fulfill the international responsibility of governments in the occurrence of environmental damage, so the study and analysis of the possibility of compiling the index of environmental damage. It is essential and inevitable in international treaties to prove the international responsibility of states.Conclusion: Although the existence of international conventions and their countries’ membership has had a positive impact on reducing oil pollution, however it has not been enough to perfectly eliminate oil pollution and the provision of basic guarantees in international agreements with effective international oversight is essential.
