CRIMINAL LAW DOCTRINES
Year:2012 | Volume:- | Issue:2|Papers Count:8

Committing crime against a person, in addition to multiple physical, financial, psychological and emotional injuries for the victim, on the one hand, it places him in the various maze of medical, judicial and police centers and in the other hand, he will be faced with the intervention of others and various cases including criminal, legal, administrative cases and others.Suffering injuries, he does not have any previous physical and mental ability.Thus, in addition to identifying the problems and the needs of crime victims, the foundation of their rights in the criminal justice process should be based on solid one. Undoubtedly, respect for the high value of human dignity as one of the fundamental, equal and inevitable transmission rights of human being, is based on a strong foundation. It consists of three basic rights: identification, cooperation, supporting and compensating the damage of the crime victim that the examples of these three rights will be considered in this paper.

Exile as one of the reactions against crime has different meanings and expressions that some of them are quite different and it makes the lawyers confused. Given to the various crimes that applied for the exile as punishment in view of jurists, it has different definitions. These disagreements are also evident in view of Lawyers. In addition to these different definitions, the terms of compulsory residence and banning of residence are also used in regard for the exile and they make this punishment more confusing. There are also disagreements whether the exile is a punishment or a preventive measure. Thus, in order to find out the meaning and the nature of exile, this research is trying to answer these questions: what is the meaning and the nature of exile? Is exile a compulsory residence it is used just as a punishment? It appears that exile which its meaning is to keep away and making the convicted stay in special place, has a dual penal and preventive nature and in classification the penalties it can be regarded as punishment or discretionary punishment or preventive one.

Coming to the era of information and communication technology, communities have faced with many challenges. Concurrent with the development of tools and techniques of social life, we have faced with the significant developments in the field of committing crimes. Today we are facing with new forms of crimes of gorging in cyber space that are committed by professional offenders by using technical solutions and a lot of scientific and practical skills are needed to combat with them. Electronic forgery at first was proposed under the Article 68 of EC law in 1382 and subsequently with the approval of the Article 6 of the computer crimes in 1388 it was annexed to the Islamic Penal Code as one of the offenses of technical crimes. This crime in the field of information and communication technology (ICT) can be achieved by using technological methods and hence the accuracy and data integrity of the massage as a fundamental pillar of the information society will be undermined. This issue will easily shake the public peace and trust to the social foundations. This article attempts to explain and identify the nature of this crime compared with the traditional fabrication and expressing the features and qualities of technical methods that criminals can commit as the operation of crime of forging in the cyber space and being familiar with it will help the legal community in analyzing the practical and technical forms of committing this crime.

Studding the human being personality has been taken into consideration from ancient time and different opinions have been proposed about it. Given to the importance of the research about human being as the center of the universe ad having rights, studding the personality of the offenders as human beings has been also taken into consideration of legal systems specially criminologists. The personality case that its necessity formation for the criminal process has been taken into consideration from the second half of the twentieth century, it contains the results of psychology, medical and social studies and tests about the accused and the sentenced. Studding these results and in general the measures have been done, criminal justice practitioners attempt to match penalties, safeguarding and educational measures and in general the judicial decisions with the personality of the accused or the offender. Formation of such a case in the Iranian penal code, in some laws including the Penal Code of 22 and 25 of the current Islamic penal code and 63, 59, 39, 37 Articles of the new Islamic penal code approved in 1390 and also in the Articles 47 and 64 of the implementing regulations of the prisons organization and safeguarding and educational measures of the country has been considered implicitly or explicitly. However, in some countries, like France, personality case formation is required in the preliminary investigation of the crime and also in the condition of granting parole suspension referring to the personality case is necessary.

Punishment as a social reaction is accompanied with intentional imposition of pain to individuals and negation their right and dignity. Therefore, such a reaction is worthy of explanation and justification.Meanwhile, retribution theory with a moral approach has been regarded as one of the most ancient penalties justifications. For most part of the twentieth century, this idea was considered retrogressive and abandoned by criminologists and philosophers of criminal law. But the last decades of the twentieth century was the resurrection of the retributivism paradigm, so that many critics of this idea became its strong supporters.Exploring the causes of eagerly embracing the theory by the scholars of the criminal justice, this article attempts to assess its capabilities and shortcomings.

The position of the victims has still remained largely unexamined and a complete judicial and legal protections haven’t been done for them and nor being supported by the public opinion. In fact, the victim and his position have not been surveyed independently while determining the proper position of the victim in the criminal procedure law is of great importance, since giving a new definition from the victim’s position in the criminal process can lead to a transformation in the current conception of criminal proceedings. In the code of the Federal Republic of Germany some proper legal amendments have been made. The most important one we can refer to the continuous presence of the state to amend the damage of the victim as an accepted principle.

The International Criminal Court (ICC), is the first permanent international criminal court that is established on the legal basis of Rome Statute with the authority to address the genocide, crimes against humanity, war crimes and aggression. ICC has taken into account different supports for crime victims. Some of these protections like medical, psychological services & financial assistances of the Trust Fund for Victims, are material protections. This study explains & examines the material protections provided for the crime victims in the light of ICC provisions.

Rape is one of the clear examples of natural crimes. In every society at least half of population namely females can potentially become the victim of this crime. The types of rape can be studied from two aspects: Legal types and criminological one. The criminological types are the same in all societies but the legal types depend on the economic, political, social, and cultural situations of every society. Rape is a violent crime that sexual matters are used as an instrument. The roots of rape traced back to socio-cultural factors and have no economic color. Rape prevention is not possible only upon one solution but rather requires a comprehensive strategy in which all prevention solutions, including: situational prevention, developmental prevention, social prevention and penal prevention, should be used.