JOURNAL OF LAW AND POLITICS
Year:2018 | Volume:13 | Issue:34 |Papers Count:9

Justice in criminal proceeding is not just detection a criminal offense. even if the punishment is commensurate with the crime committed by the offenders, "fair trial" will not be complete without realizing the concept of "fairness, it means the fulfillment of criteria and guarantees that fully supports the rights of one defendant during the proceedings. Therefore, the basic rights of the accused in criminal proceedings is opportunity to defend against the charges without incurring the least discrimination and inequality compared with the prosecutor. the "principle of equality of arms" and the real balance between the parties in a criminal proceeding and in fact the center of "equality" and "fairness" and, finally, "justice" in the process of proceedings have been realized. One of the most important means to realize the principle of equality, disclosure, or the need to disclose reasons by the prosecution and prosecutors of the criminal case, against each other and giving them adequate opportunities and facilities. So that they can act in equal conditions and provide reasons for the rejection of the disclosed evidence. The right t99o “ adequate facilities” must include access to documents and other evidence the accused requires to prepare her/his case as well as the opportunity to engage and communicate with counsel (See also 6. 3. 3). In the context of criminal proceedings, the European Commission on Human Rights has held that, read together with the principle of the equality of arms (See also 6. 1), the right to adequate facilities for the preparation of one’ s defence in Article 6(3)(b) of the ECHR imposes an obligation on prosecuting and investigating authorities to disclose any material in their possession, or to which they could gain access, which may assist the accused in exonerating her/himself or in obtaining a reduction in sentence. The Human Rights Committee has explained that disclosure must include documents and other evidence that the prosecution plans to offer in court against the accused or that are exculpatory.

The development and extension of new technologies has led to major changes in the methods and approaches of naval warfare as well as the performance of the belligerent countries. The Naval Mine is one of the weapons that has rapidly evolved in naval weaponry systems. This has also posed a wide range of fundamental rights and ethical issues, which is necessary, their implementation challenges from the perspective of naval warfare law to be considered. The 1907 Hague Convention VIII has regulated the use of automatic subsurface contact mines, but it seems there are ambiguities and challenges over the application of other new naval mines, including controlled and infiltrated, in term of the application of the Convention in their deployment in various maritime areas during the international armed conflicts. In fact, some of these gaps and the modification and changes of the rules are due to modifications in customary international law, international humanitarian law and the law of the seas, and others result from technology development. This paper tries to evaluate different technologies of naval mines and examines the international law governing the naval warfare and naval mine warfare in the light of the law of the resorting to force and humanitarian law to express the challenges result from the development of technology over the 1907 Hague Convention VIII and principles governing the naval mine warfare and also examines the effect of the law of the seas on the application of naval mine. The research method used in the paper is an analytic-compilation method and the data collection method is library-documentary.

Even though development of technology and especially utilization of light have a positive role in the development of international community, but at the same time, it can be an element of environmental degradation. If we accept that the pollution is any adverse change of contaminants into the natural environment in the way that cause directly or indirectly harm to humans or other living organisms, or that damage the environment, the inappropriate or excessive use of artificial light could be considered as pollution. In order to combat light pollution, many countries have tried to regulate the exploitation and dissemination of light in their countries in terms of standards and regulations. In recent years, the light pollution has been a significant increase in France, China and Iran, especially in their large cities. However, continuing existence light pollution confirms legal and administrative gaps in this field. This article, based on the legal deductive analysis, is trying to analyze and examine the laws and the regulations related to light pollution in Iran, China and France. Finally it trying to show the legal capacities of the laws and the regulations related to light pollution in these countries, to examine the legal and administrative gaps, and eventually provide some solutions to this issue.

Reason is one of the pillars and core elements of the criminal procedure. Historically, criminal justice systems are generally divided into two general categories; in the first category, the "system of legal evidence", the reason is just as mentioned in the law, and thus the judge, has no right to document his sentence to the other reason. In the second, but referred to as "the system of persuasion of the judge's conscience, " the judge, in addition to the reasons set forth in the law, can study for another reason, and even make an assessment, modification and justification of the evidence presented. Today, in most legal and judicial systems, because they are given a special place in the judiciary's knowledge and give special credibility to it, they believe that due to the facts governing each case, it is necessary to give the judge some degree of discretion In order to be able to act on the basis of the spiritual evidence, that is, the evidence which eventually leads him to realistically and may not necessarily be reasoned in the law. This approach has been more and more seriously considered by the Iranian legislator recently, with the adoption of two Islamic Penal Code and Criminal Procedure Code in 1392. In this paper, we will try to discuss and analyze this approach. To this end, consideration of the meaning and qualities of fundamental concepts such as the knowledge of the judge, the spiritual proof, the proof of spiritual proof, the relevance and the breadth of the arguments are very important and central.

The prosecution of crimes is the most important task of the Public Prosecutor's Office so that after the formation and completion of the preliminary investigation file, the court of trial will be provided with a court order. This assignment is referred to as the legal principle of pursuit. Along with this principle, other considerations may require the prosecutor's office to refrain from pursuing prosecution and prosecution of the accused should be useful. Hence, another principle, called the principle of adequacy, is formed, which complements the first principle. This principle means that a prosecutor can stop prosecution of a criminal case. In other words, if the prosecutor believes that prosecution is not in the interests of justice, he will refrain from prosecution. This principle is also referred to as Judiciary. The principle of the suitability of prosecution with the concept of judiciary is one of the principles accepted in the law of Iran and the United Kingdom, and since the criminal justice system deals with delicacy and special sensitivity to the crimes of children and adolescents, and the main objective is to prevent juvenile offenders, Their entry into the cycle of criminal justice, so the judiciary will be more evident in these offenders. The present paper seeks to answer two questions: 1-What are the basic features of the Opportunity Principle in Prosecution of crimes against children and juvenile delinquents in Iranian and England law? 2-What is the difference AND Commons between the two legal systems in Iran and the England regarding the rule of the prosecution of children and adolescents? In this study, the judiciary views in the two legal systems are discussed.

Juvenile delinquency with negative psychological, economic, cultural and social consequences is one of the most important social issues in Iran. Because of the demographic structure of Iran with a population of teenagers and young people. The purpose of this article is to investigate social, economic and cultural factors affecting the crime of juvenile adolescents aged 13-19 years old in the city of Azad-e-Shahr. To conduct such studies in other cities to comment on the Iranian society. This study was conducted with a descriptive-analytic survey approach with the help of F, t and multiple linear regression tests. Questionnaires were distributed among 398 adolescents in crude areas. After verifying the content validity and reliability of the questionnaires using Cronbach's alpha, which is 0. 886 for the first questionnaire and 0. 83 for the second questionnaire, eight of the tested tests it placed. Findings show that there is a significant relationship between social, economic and cultural variables with juvenile delinquency. Meanwhile, the variables of family economic poverty, learning the first delinquency and family disputes have a direct and significant relationship, and the variables of educational level, family monitoring and cultural space in the society have a negative and significant relationship with adolescents' offspring, as well as the variable number of family members with adolescent adolescents There is no relation. Also, the results of the study showed that the family differences with the coefficient of 306, the economic poverty index of the family with the coefficient of 271 and the learning variable of the first offense, with the coefficient of 266/0, the first to third, and the variable cultural community of the society The impact coefficient of 0. 097 has the least effect on the social, economic and cultural factors affecting juvenile delinquency.