CRIMINAL LAW DOCTRINES
Year:2017 | Volume:- | Issue:12 |Papers Count:8

The mass murder not only being committed in an organized and widespread form and in the form of mass violence but also it follows a lot of victims and threatens the global and security peace. Therefore, it is an interesting challenge for the international criminology course to study why a lot of citizens participate in committing this violent and widespread act. With considering a lot of factors in different situation of specific time and place cause to facility the commitment of this mass murder, it is vital to be known the interaction of factors and the important components in the different levels with a comprehensive look. In this regard, this note has used the social conformity theory as a multi-level and multidimensional attitude to analyze the criminology of the mass slaughter of 1994 in Rwanda. Based on 6 propounded propositions in this theory, the political, social and economy conditions has analyzed in Rwanda in the years before the genocide and the effective factors for committing this genocide have been clarified and clearly examined.

Impersonation is a kind of fraud and Information Technology (IT) has facilitated its commitment. Impersonation in cyberspace is abusing the incapability of the computer to recognize computer users without fault. One of the methods is to use password for entering to the banking systems. Because the computer can only recognize the correct password as the identification license; so it is impossible to recognize lawful users from unlawful ones, therefore, offenders do not stole identity in reality. But they use identity as a tool to act unlawful activities. In other word, Impersonation is a kind of IT applications and it is an entrance to commit other crimes. One of these cases which contains financial and economic aspect is withdrawing money from bank accounts by using data theft. The main problem is that the security data theft of It users and especially modern banking users has not been criminalized and there is no independent offence as Impersonation in cyberspace. It has caused no independent research to have been done for the etiology of this crime. This note with highlighting the existing legal gap with descriptive-analytic method and through the methods used for committing impersonation crime is going to study criminological features of impersonation in two forms status causes and social causes and presented methods to control this crime.

The issue of killing in Ferash (marriage bed) has been presented in Article 630 of the Islamic Penal Code (1375) (if any man catches his wife having sexual intercourse with another man and is sure that she is not being raped can kill them both… ). Besides it is mentioned in the legal system, fuqaha (Islamic jurists) have regarded it from long time ago. Some of them have believed that killing is absolutely lawful in Ferash, some other of the fuqaha have believed that it is absolutely forbidden. From the other side, a finite group of fuqaha has said that the killing is lawful if it is happened when they (both the married man and the married woman caught in extramarital relationship) are adulterers. The law scholars have presented their agreement or disagreement about this subject with legal reasons. Meanwhile, stating the different opinions on killing in Ferash (marriage bed) in this paper, with considering and deep contemplation, it is resulted that it is necessary to have a new and detailed attitude towards this issue which it should have more harmony with the documentation for the presented matter and criminal law principles. At the end of this view, it follows two out comings which are: 1. It is unlawful for husband to kill his wife in the issue of killing in Ferash (marriage bed) 2. It is Lawful the killing of the adulterer by the woman’ s husband in proving the conditions.

International humanitarian law (IHL) aims to humanize the current of wars and armed conflicts and for this reason, besides, it has been directly prohibited to target civilians, incidental damages because of attacking on civilian objects and targets should not be excessive in relation to the direct military advantage. This is known as the principle of Proportionality. The main problem is if it is possible to criminalize the violation of this principle or not. According to the documents and the procedure of The International Criminal Courts specially the International Criminal Tribunal for the former Yugoslavia or ICTY, and the International Criminal Court (ICC), the violation of the principle of Proportionality at the time of armed conflicts has been considered as a case of war crime and these courts have jurisdiction over these crimes.

The Islamic Penal Code in Art. 122 has determined punishment especially for the beginning of crimes and in the note of this Article for impossible offences. Based on this Article, criminalization from attempt and impossible offences based on degree of punishment has adopted. With regarding the Islamic jurisprudential and legal issues and comparing the subject with the customary law, this paper aims to evaluate incomplete punishment in the Islamic penal code. Findings show that, it is not correct the legislator’ s inattention to the nature and types of crimes from the point of positive act or omission and from absolute and conditioned in the criminalization of attempt and it has caused the multiplicity instances of attempt. The severity of crimes is another complication of the Islamic penal code relating to incomplete punishment. It would be correct for impossible offences if the legislator considered the resolve of the dangerous state of the perpetrator for (instead of) punishments with the verdict of the provisional educational measures.

After establishing prison in the early 19th century, the intellectuals and experts of the criminal justice were so optimistic about this new punishment. It seemed humanitarian in comparison to the former punishments, but it did not last long that the criticisms about it were started. Prisons from the beginning confronted problems and the passing of time, the difficulties became more visible. Today, the prison population has generated a global crisis and the philosophers and criminologists’ strategies to solve this difficulty have not created consequences. Besides prisons not being successful in achieving their results like educating and rehabilitative programs and also the crime rate reduction, they have also changed into a problem. Because of existent difficulties, the main question is why the criminal justice systems insist on using prisons. It seems that it should be observed punishments especially prison penalties from the other angle. The present paper is to analyze and examine the prison penalty can be the solution key for a lot of existent problems from a criminal-sociological view. It tries to study the reasons of the continuity of prisons from the different attitudes. Based on these approaches, they regard as an institution that they continue for their specific functions; although they are practically failed to achieve their considered goals from the point of the philosophical and criminological view.

Forced marriage is a marriage in which one or both parties is married without his or her consent or against his or her will. Forced marriage violates the freedom right to choose a spouse and it is an instance of the domestic violence. Most of victims are women and the perpetrators are of the victims’ relatives. Studying on policies of different countries show that different strategies to confront it have been adopted. Although, it is emphasized on applying the legal strategies in the past, forced marriage has been criminalized because of sensitivity in the public opinions for the cases which have been presented by media. This progressive process has moved from being merely a prohibited act and applying the legal strategies to face it to criminalization and using the criminal tools which are common between many countries. Many European countries have criminalized the forced marriage and some others start investigations about it. This tendency has increased more after the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) as codified 2011. Although there is no exact statistics on forced marriages, the consent of women on marriage are not considered in the customs of some people. Besides being legalized early age marriages, it has created concerns about the violation of the right to freely choose spouse. It has been only criminalized child marriage and human trafficking for the purpose of forced marriages. Therefore, it is necessary to criminalize the forced marriage under title of tazir (punishment for crime not measuring up to the strict requirements of hadd punishment) and it is a step to protect victims specially the disadvantaged groups.

The criminological studies have constantly focused on the etiology of delinquency rather than the prevention as with considering its importance and the value of the crime prevention strategy, the criminal policy makers have usually attempted to invest in this important thing and interrupt the delinquency wave. However, the engineering of the preventive strategies including situational or community-based types with changing in the forms of crimes have taken new conditions. The rhizomatic crime is a concept of anti-centralization which embraces the development of fluid, multiplicity, no-place and occurring chains of crimes in a society; from one side, this phenomenon is as a serious challenge for the criminal policy administrators and from the other side, it confronts against the achievements of the ecology school, therefore; although the strategy of the prevention of the situational crime with the complicated serious of the rhizomatic technological supervisions has been received welcome from countries and at the first looking, in some extent, it is possible to control the rhizomatic crimes, but a main strategy is to use the maximum type of the social prevention which it prevents to form the criminal thinking in the thoughts of the community and protect the community against the phenomenon of the rhizomatic crimes. This note is going to determine the effective prevention strategy with enhancing the citizens’ self-control and personality. This note tries to determine the effective prevention strategy for this problem with examining the aspects and manifestation of the rhizomatic crimes.