Journal of Judicial Law Views
Year:2014 | Volume:- | Issue:64|Papers Count:7

From the viewpoint of some experts in Sharia law, paying bribes in lawsuits by the beneficiary is lawful. Some others believe that this permission is only possible when obtaining the right is restricted to paying the bribe. Various reasons, including Islamic traditions Hadiths, the rule of denial of hardship, and the permission to obtain the right are the evidences for this verdict. Studies show that the traditions which refer to the prohibition of bribery are the evidences against the permission that makes bribery lawful in all these scenarios. The reasons behind accepting this verdict are not flawless, as well. Moreover, it is likely that the Fatwa permitting bribery was just related to a point of time in the past and cannot be generalized to other scenarios and times. This paper clarifies that the evidences showing bribery lawful are insufficient.

Criminal conspiracy has been criminalized in different legal systems. Conspiracy is an Accessory Offence.Accessory Offences like Carrying of forbidden weapons or tramping are behaviors that don’t contain immediate and direct harm. But they show the dangerous mood in the preprators and increase the probability of committing serious crimes in the future. These reasons justify the criminalization of accessory offences in order to prevention of crimes in future and providing the social defence.But creating the wide spread of accessory offences, limits the human liberties unduly and causes criminal inflation. also negative effects of criminal inflation is not hidden for anybody. Therefore legislator should criminalized conspiracy for committing serious crimes. Unfortunately the Iran’s legislator has ignored this note and criminlised the conspiracy for commiting the all crimes against properties, reputation and bodies. Also some of these conspiracies contain more severe punishment than the main crimes that encourages the conspirators to commit the main crimes.Then reviewing the legislative and judicial policy in Iran’s criminal law due to limiting the domain of criminalization in section 611 of Iran’s Islamic penal code is necessary and unavoidable.Elements of Criminal Conspiracy in section 611 of Iran’s Islamic Penal Code, differences and similarities between Conspiracy and attempt ,abbeting, repeating of Conspiracy, Conditional Agreement in Conspiracy, Attemting of Conspiracy, all of them have ambiguities that need complete analysis.

undoubtedly one of the most important trustworthy obligations is restoration of deposit, and trustworthy is obliged to restoration it as soon as expiration of time or to ask depositor or forcible dissolution of trust contract and it’s sanction is changing trust possession to responsibility possession.sometimes is taken deposit by force form depository ,so legislator allow him to litigate against usurper and retake whatever lost and yet depositor is free to accept or reject what depository receive from usurper.In this essay we investigate the job that depository through its can to litigate against usurper and also consider discussions about it. The synopsis of research is: 1-the trustworthy has legal representation in litigation and depositor referral to usurper is possible if the received compensation by depository being disagree with depositor rights In terms of kind (Fungible or Qyym) or amount (provided it be less than damage) or stuff (more Inferior than what depredated) 2- trustworthy possession against usurper than what received is trust and kind of commitment to the result.

Special characteristics of administrative disputes and claims like speedy, specialty, informality and public interest caused that these disputes are settling in tribunals other than ordinary courts. But because of variety of nature of these disputes and inattention of parliament to the quasi judicial nature of these acts, we are confronted with lots of tribunals. The origin of the problems that these tribunals confronted with, return to the dispersal of tribunals and we need to enact a unified administrative procedure bill. In this way there are some principles that guarantee the citizens rights and governs to the act of the tribunals. But because the two-mention nature of these act some fair trial principles and some administrative law principles govern to them, and these two cases can help us to enact a unified administrative procedure bill.

This paper attempts to critically review the existing views in relation to unrestricted right of situational prevention. In order to do this, different viewpoints in favor of the right to take unlimited preventive measures to protect fundamental rights of citizens, are explored in the lights of the legal and juridical ideas as opposed to those in which it is stated that the right to prevention should be limited. It is concluded that although the legality of taking preventive measures even those involving harm to intruders are justified, certain limitations should also be imposed to prevent excessive harm to those who may try to ignore or come over the preventive measures.

In each country, the prevention of crime is the base of criminal policy. To achieve the prevention of crime, use a variety of tools and resources on a variety of criminal policy, legislative, and judicial policy. One of the ways to achieve the prevention, is the effect of different medias that now a day has an important role in the development of national and global communications. The media's role and impact on the population's individual and social life, is obvious. With the policies adopted effective legislative, judicial, and corporate media as a tool that can direct and substantial effect on the Prevention of Crime has made considerable use. Iranian legislative criminal policy in relation to different types of media with special regulations. Role of the press and the laws of the satellite is taken into consideration, can be studied in the prevention of crime. Regulations applicable to the content of the media have a little right to prevent crime through the media. Constitution of Islamic Republic of Iran in terms of capacity and forbids denied definitely known as one of the principles of the law can appeal to the media and the proper use of the dignity of all social, economic and cultural role to play. However, the legislator has not yet attracted the criminal policy through participatory, enjoined and prohibited from denying public education and adoption by the media, it should be important to the success achieved by prevention of crime, or at least its impact felt is not. Criminal policy, criminal justice policy as well as legislative and participatory media use in the prevention of crime as one of the duties of the judiciary in Article 156 of the Constitution has been taken seriously in this regard, special planning and not evident.

It is classically contended that when an international organization endowed with international legal personality commits an international wrongful act, the organization is to be held exclusively responsible even though the act would have constituted a violation of its member states' obligations if committed by them. This Article intends to depart from such a rigid interpretation of the responsibility of international organization and makes the argument that when member states abuse the international legal personality of an international organization through control ,coercion ,aid and assistance and circumvention of the organization, they must be held, responsible for violations of international law by the organization . International Law Commission has classified these acts in its 2011 Draft Articles on the Responsibility of International Organizations. However there are many criticisms to this draft but these articles have caused exclusive Responsibility of International Organizations be somehow blurred and abolished .And the member states cannot hide behind the screen of the international legal personality of the Organizations. This draft has opened a new horizon in international law in order to hold member states of international organizations, responsible for violations of international law by the organizations.