CRIMINAL LAW DOCTRINES
Year:2013 | Volume:- | Issue:5|Papers Count:8

The passive personality principle is one of the most controversial governing principles to determine criminal principles in the international criminal law. This principle has constantly had supporters and opponents and it has been accepted as a general principle in the article 8 of Islamic new penal code (codified 1390) for the first time in Iran law. It is undoubtedly counted one of the inventions of this new law. Previously the approach of Iran law (near to one century of the legislation) has totally not accepted this principle except in some cases. This note attempts to criticize and examine the reasons of supporters and opponents, mean time; determining the concept and provisions of applying this principle. Moreover, the approach of Iran law has been studied before and after new Islamic penal code and at last determined the provisions and realm of applying of article 8.

Today, the development of cyberspace and communication of digital data has provided a broad activity of electronic publications. But lack of defined rules for these publications, the examination of this issue have made more important whether the available rules for publications in print (writing) form can be regulated to these publications. Can, in other words; the privileges in the judicial examination to the violations of the print publications (like competent trial, the presence of the jury...) be applied to the violations of the electronic publications? This note has tried to analyze how to generalize the substantive criminal and procedural statutes in order to clear the vagueness of the generalization of these rules to the electronic publications.

The legality principle of punishments which means the necessity of the intervention of the law authorities to issue a verdict and its execution is the fundamental base of the modern penal code. After the review of the principle, its position and the process of its historical evolution, this paper shows (with regard to the emphasis of Islamic teachings on the concepts such as order, justice discipline criterion, fair judiciary, not being allowed to judge by ordinary citizens, the necessity systematic planning for the promotion of virtue and prevention of vice) the legality principle of punishments is a jurisprudential principle in Islam penal code. The note evaluates the view of exception of the legality principle of punishments (as it is mentioned in the Islamic jurisprudential texts) problematic and without reliable (stable) reasons. By planning dynamism ideas like the concept of fair judiciary, the necessity of the exclusive official authority by the state to issue a verdict and its execution, the necessity attention to the evolution relating to private-public and figured crimes and punishments in the new intellectual perception, the paper states the legality principle of punishments absolute and without exception. This understanding is coincided with the precautionary principle about men’s life which is emphasized by the Holy Sharia.

After reducing trade barriers and internal market restrictions and separating the economic space from the political authority area, Neoliberalism retracted the strategy of rehabilitative and facile criminology and renewed the harsh punitive apparatuses of the criminology and enhanced highly human rights anxieties. Therefore, it is necessary to be planned a middle exact strategy through correlating the criminal teachings with criminology, human rights, political economy and other sciences. this note (after the pathology of the contrast between Libertarianism and Security-orientism discourses in western law and human rights violations and then the transmission of this contrast to e-trading privacy - especially in the field of the information cryptography) attempts to explain that in the process of the new religious re-thinking in Iran economic, yellow model: cautious model in the field of prevention and the punishment of the cyber information cryptography is one of the convergent fields of Iran law with Europe law and with indigenizing this model, the major steps forward in the codification of the criminal strategy and criminology and in reverse the Red model (absolute Security orientism) and Green model (absolute Libertarianism) should be counted one of the divergent fields of the mentioned law systems.

It should be examined all effective factors of the commission for an accurate and complete recognition of crimes. In other words, for a complete and academic consideration of crimes, it should be studied crime victims and the pre criminal circumstance (the circumstances of the offense (s)) in addition to offenders. Because a crime and reasons of its happening are relevant like a connected chain which one of them is a crime victim. Exploring the role of a victim as a main figure of commission of criminal activity makes a better understanding and a strong analysis in the commission of crime process. This paper is going to reveal the Islamic penal code through the findings of an academic victimology with regard to privative behaviors of the victim and its role on determining the punishment of perpetrators and possibility of mitigating their punishment with a look to the act of the trial to this issue.

Fear feeling of crime is a prevalent issue and one of the contemporary society problems. Numerous factors such as gender, age, any past experiences with crime, where one lives have an impact on fear levels and get it aggravate. The fear of crime is completely natural if it is at a fair level of the probability of victimization .If it makes citizens enact appropriate acts to prevent crimes, it will have an important protective role. But if this feeling takes an excessive shape, it will have widespread social and individual impacts such as being passive and reducing social interaction, reduction of public reliability and enhancement of economic costs. This paper has studied this phenomenon and factors affect it and also examined the individual and social impacts and methods to reduce the fear feeling of being a crime victim.

It is mentioned that the enhancement of the role and position of crime victims in the criminal proceedings is the result of emergence and promotion of the protective victimology. The study of victims’ participation in the criminal proceedings shows that the influence of perceptions of the protection of victims on the statue systems is different. The statue systems which are originated from Romano-Germanic system of justice such as France and German, the role of victims in initiating and criminal prosecution is more active (meaningful) than those originated from the common law. Still, the role of victims in the common law system of justice is more active than those Romano-Germanic systems of justice. In the penal code of Iran like the penal code of German and France, victims’ participation in the initiating and prosecution is more active whereas its role in verdict stage pronouncement is less (passive). This paper takes the view (with a comparative approach) the role and position of victims in initiating, prosecution of the criminal proceedings and also in the stage of issuing writs (sentencing).

Information in the capital market is the integral part and provides financial benefits. Data equities should be provided all investors by supervisory authorities. To have a fair, confidential and observable market, it is necessary all investors to have equity access to the information of companies and securities dealing should be based on the information which has been issued from an official channel to the public. What causes the criminalization of insider information abuse and determining criminal offenses to the perpetrator is the breaches of fiduciary because the Coffey people are in possession of inside information from one side and the loss of the other investors who deal in securities to buy stocks in high price or sell them in low price because of lack knowledge of the information, from the other side. Whereas Insider Information Abuses, the functioning of fair trading in securities is manipulated. Therefore, because of being a new criminal issue; the present paper tries to examine legality and the total analysis of it.