JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)
Year:2018 | Volume:2 | Issue:5 |Papers Count:21

The new criminal procedure law in 570 articles and 230 notes approved by the session of 4/12/1392. The Legal and Legal Commission of the Islamic Consultative Assembly, in accordance with the eighty-fifth principle of the constitution, which was submitted to the Islamic Consultative Assembly under the bill, was approved by the Parliament The trial was conducted for three years in a public hearing dated 19/11/1390 and approved by the Security Council on 26/12/1392, dated 3/2/1393 under the number 20135 in the official newspaper of the country, and in line with Article 569, After six months from the date of publication in the official newspaper of the country comes into force. In this paper, we will review the achievements and innovations of the new law in a legal manner. Due to the wide-ranging discussion of the present study, we will find it in a case-by-case manner.

The credit is a written commitment by which the bank, at the request of the buyer, undertakes to pay a specified amount of money within a specified period to the specified documents and, in accordance with the order of the buyer, pay to the seller. The Bank's obligation to pay is contingent and limited to the amount, duration and conditions that are mutually agreed between the parties and indicated in the text of the instrument of credit. In fact, documentary credit is a means for payment of purchased goods and an obligation by which the seller assures the receipt of the goods and goods that are sold and the buyer guarantees the receipt and accuracy of the purchased goods. With the use of domestic lending in the country, the need for the drafting of laws and regulations in this field was created and the banking and regulatory system of the country required it to develop and implement specific regulations in this field. In this regard, in the year 1380, for the first time, regulations on the LCI were announced, but after the abuse of this type of credentials by the Arya Group and the filing of the so-called macroeconomic corruption, according to the Central Bank's decree issuing domestic lending And the discounting of these LCs was stopped in the second six months of 2011. After the issuance of rigorous regulations to the past and the adoption of the internal-Rial Instruments Directive on December 17, 1994, by the Money and Credit Council, the re-issuance and rebate of the internal LC has begun.

The legal basis for the crime of traditional scam in Article 1 AH. T M M U U The crime is one of the crimes against property and property, which is: the acquisition of property by fraudulent means by fraudulent means. The material fray of the crime of traditional fraud is one of the elements that is absolutely necessary to commit a criminal offense, and a crime bound to result is necessary to commit the crime of traditional fraud. All elements of "legal, material, and spiritual" are necessary. The pillar of the computer crime scam in Article 67 of the Code is a new crime. The difference between scams with traditional scams is to commit these crimes and also to distinguish between means of committing crimes. Computer fraud involves one of the positive verbs of entering, modifying, fading, creating or stopping data, and so on, for studying "money or property or benefits or services or financial privileges." Computer scam is a crime bound up with the outcome. And to commit the crime of computer fraud, the realization of all elements of the "legal, material, spiritual" element is necessary. Today, fraudsters use computers and forge both for traditional and computer-based fraud.

The principle of the legality of crimes and punishments is the main thing. Indeed, I support the people against oppression and the oppressors and their defender in the face of oppression: I must remember and remember in memories, the expressive and jolly voice of those who, in order to safeguard this principle and the other The principles of human dignity were said and written and they shouted. " In this article, I have no idea how to write about this principle and its fundamental importance, which they have written and very much defended, and defenders have defended it and some of them have also considered it the most important rules of criminal law, but most of my intention is to do it by a brief examination. In the context of the precise concept of this principle, I will refer to examples of violations of ordinary laws, in order to ascertain how with seemingly legal rules in the form of the principle of legality, it is possible to send allegories to the alms with obscure and confused concepts and to make them difficult. First of all, I refer briefly to the principle of the legality of crimes and punishments, which, despite the simplicity, requires recognition of this concept, and it will be necessary to take some of the cases set out in Iranian criminal law to clarify how confusing and obscure concepts undermine this principle. Has entered.

By concluding a lawyer's contract, the lawyer and the client will have rights and obligations against each other, one of the duties and obligations of the lawyer against the client, the duty to take care of the property, information, and other rights of the client, and the use and application of his skill and knowledge in the relationship With the subject of the lawyer. Since a lawyer has an iadi, he must use all his efforts to protect his family and his other clients' rights, and, on the other hand, the lawyer accepting the lawyer should have the knowledge and experience necessary the other hand, due to the expansion and complexity of social relations as well as the specialization of affairs, professional occupations and the need for the owners of those professions to be filled with the necessary knowledge and knowledge, therefore the basic question here, the response to the conditions and how to take responsibility A lawyer is a skill in case of violation of duty. In Iran's law, the task of care is very little and there is no clear or implied clause in the law on the lawyer's skill. Unlike our rights, in the law of the United States, including the United States, a special chapter of the lawyer's obligations to the client The duty of the lawyer's care and skill has been paid, and the necessary and sufficient conditions for the fulfillment of these duties, the liability of the attorney and how to compensate are foreseen. However, in our law, although these tasks have not been addressed, they can be read in the circle and the scope of the duty of the lawyer, which means that the violation of these duties is in fact a violation of the lawyer's duty. It is precisely in the law of Kamen Leo that these duties of lawyer's care and attorneys are also an integral part of the duties of duty.

Some believe that the mass media have such a power that they can create a new generation in human history, a generation that is very different from previous generations. Mass media devices are very powerful tools that can be used both in the right and wrong way, and if there is no proper control on them, the use of these devices in the second way is more. The means of mass communication in people's minds and minds develop or stabilize certain beliefs and values and norms, and usually people see and hear what they see and hear after a while. Therefore, communication devices directly and indirectly influence people's activities, sometimes create false needs in their minds, and humans tend to bring the titles of modernity and modernity so that they are looking for something at a time. Today's man is captive to his technology and industry, consumerism and loneliness, based on false needs, deprives him of his will and authority. Addiction is the general meaning of the word of the negative effects of this phenomenon, especially this is seen in children, the child is so inclined to his favorite programs that eliminates the most essential things.

Throughout the history of its life, mankind has left this planet different and different, and has always thought of itself towards a tomorrow that may have been rooted in the perfectionist tendency of mankind to force him to move And the movement for the progress and excellence of the body and soul and the world and its rear. The valued nature of man has been constant for all time, but the objective examples of these values have been distorted by him in many aeons and have led to a disgrace, as in our time and in the age of modernity and with the prevention of the modernist principles of humanity The other was in the way of its predecessors, when there were huge revolutions in this direction (such as the rise of cultural, scientific, industrial, social, etc.), and this time, with the grip of science, man was convinced that his problems With the help of the Enlightenment of science, hence this period, the period of scientific popularization (Scientism) can be called. Now that the speed of scientific and industrial advances has gained momentum, it can be seen that negative human and social phenomena such as loneliness and crime have grown in the same way every day, so that this thought is in the mind The viewer suggests that there may be a deep connection between these phenomena. The main purpose of this research is to investigate this relationship.

To rationalize, a physician who is responsible for the initial incident or has limited liability, for the consequences of this incident (consequential loss) should also bear responsibility. The credit agreement provided that it is applied and the fault occurred intentionally or heavy. The aim of this study was to investigate and explain the basics of moral damages jurisprudence and law, to be an effective step towards respect for patients' rights and its demand for damages caused by medical malpractice. This review study, library research and the theoretical (descriptive-analytic). Obtains: By studying a large number of religious books and some medical books along with the discussion, the findings obtained Claim moral damages and loss of profit from differences in Iranian law which, according to the views expressed, in some cases Redeemable. The results showed that patients could be the result of fault and error to claim damages following: Medical costs and loss of profit resulting from the loss or expropriation is working And are the only material losses and losses that are actually spiritual loss; Such as pain or mental suffering due to disability or deformation members or exclusion of some of the normal pleasures of life, such as damage to the sexual ability or damage to the five senses; Like sense of smell and so that the damage and harm to the quality of life.

One of the strong security concerns in the conflict and regional and international wars is the concern about the use of chemical weapons, which unfortunately, unlike nuclear weapons, is in the hands of most countries in the world. Extremely destructive effects of the use of this weapon on the environment and humans, and especially civilians and civilians, have led international organizations to move towards the Convention on the Prohibition of Chemical Weapons and, accordingly, require countries to use weapons that are under no circumstances Chemical weapons. It is true that such restrictions require precise anticipation of the implementation of the guarantee because they are the abusive and the states that, despite the restrictions and the imposition of international pressure on the use of chemical weapons, provide part of the guarantee through ICC and include the competencies of this Mor And another part of the UN itself through the Security Council by imposing sanctions, limitation or military action, justifying the doctrine of responsibility for humanitarian protection and action. In the present research, which is descriptive and analytical, we intend to study and consider whether the use of chemical weapons falls within the scope of ICC competencies in order to enable this authority to pursue it.

Once it is established that the prison was an honor rulers, and Criminology; today, due to failure in terms of its mission to increase and become irregular prisoners mds·h repeat the offense and the sentence incompetent - particularly in short prison - prison reform and rehabilitation, incendiary charge of the prison environment, the economic costs of prisons, mental health problems, and it has become a crisis, and this has caused to break free of the negative effects of prison sentences to think about penology and social reform and rehabilitation of offenders have also highlighted a role to play. Therefore, the forecast looks good and necessary custodial programs. Accordingly, today's criminal policy towards Iran, and prohibits the indiscriminate use of de-confinement sentence to formulate a bill entitled "Social replace prison sentences' have mjazathast a new kind of partnership with the people and civil society in our country and it is applied to the phase is implemented. ultimately concludes not only clear and comprehensive laws and regulations in this area are necessary and useful, but the successful implementation of the legislation requires the right culture in the community.

Thanks to the grace of Alim, whom Sati promised to be able to bring agriculture and agriculture from the perspective of Islamic law, that is, a religion that defeats a tree branch as the breaking of the wing of angels, and the honor of its leader is the construction of palm trees and digging the well to irrigate it for Mine The food is needed by the community. From the religious point of view, the word of God begins by reading and learning, and it differentiates between the world and the illiterate. Therefore, humanity has restrained that by paying Khums and Zakat of agricultural products and income in public affairs, it would improve the livelihood of the poor people of the society by joining the Resurrection tree to the Resurrection. Also, in the field of agriculture, there are advanced and codified laws in jurisprudence known as Mosqat which illustrate the rights and issues of law.

War is one of the hallmarks of "resorting to force". The Dictionary of Terms of International Law defines the use of force in two ways. The use of force in the first sense is any form of violent action that can not be considered a military action. But in the second sense, all military measures and operations, including war, are included. "War is a phenomenon of social pathology and a factor of political transformation that can be studied historically, politically, economically, militarily, sociologically, etc.". These kinds of considerations from the point of view of the lawyer who must be considered and It is not limited to the legal concept of war, is not at stake. In international law, the war is a form of coercion with the use of force and force that can be defined legally as follows: war as a "tool of national politics" is an arsenal of armed operations and armed acts in the framework of relations between states (two or Several countries) and enforce certain rules in their relations with each other as well as with third countries. In this regard, at least one of the parties to the conflict seeks to impose its political views on the other. In this way, armed combat operations are the means and purpose of imposing an invading will. From the definition provided, one can conclude that the legal concept of the war consists of four basic elements: the organizational and organizational element (countries), the material element (the exercise of armed force), the spiritual element or psychology (the intention of the war) and ultimately purposefulness War (national interests and interests).

Provision of a fair trial requires that there are a number of tools and arrangements through which access to the accused can be provided, if necessary, and that there will be no impairment in the proceedings. These arrangements are the same as criminal penalties. For this reason, their previous policy has led to the removal of compulsory temporary detention. Ah Ah D K 1290s. The direct entry of the Code of Criminal Procedure France had been adopted and many viewpoints in the declarations and international conventions provide that, for the temporary detention, care and special precautions had shown, so that the emphasis The arbitrary detention and limitation of compulsory cases and the prediction of the precise provisions of this institution and... The cases of citation by the judicial authorities restricted this to a large extent. Therefore, the policy adopted by the former legislator is closer to the current system governing some countries in the world and has more adaptation and compatibility with it. Unfortunately, the policy adopted by the new legislature on interim detention has been in violation of the above procedure, in particular due to the jurisprudential view of the drafters of the law and their attempt to comply with the provisions of the laws of the general and revolutionary courts.

The principle of equality of arms is one of the main elements of the overall equality of the parties in the proceedings. The principle of equality of arms, in the sense of equal opportunities of the parties to the criminal proceedings, is in defense of itself. This principle was first used in the decisions of the (former) European Human Rights Commission, and then in the European Court of Human Rights's judgments, and has been interpreted as an essential element of the fair trial. The principle of equality of arms is a key principle of the international criminal justice system. Therefore, it is necessary that in the first confrontation of the accused, the victim and the prosecutor, the criminal justice system, in the preliminary investigation stage, which is the founder and the founder of the ballot, determines and observes the facilities and rights of these persons and guarantees the necessary observance of them. Offer. The principle of equality of arms is part of a wider sense than a fair trial, which states that in a fair trial away from hostile proceedings, there is the opportunity to obtain all evidence and evidence for the parties to the lawsuit. This principle has wide scope and applies throughout all stages of criminal proceedings, even in the initial investigations of the police. In the preliminary investigation phase in the new law, some of the basic assurances of this principle are foreseen. Therefore, since the principle of equality of arms is one of the most important and fundamental ideas in the fair trial, this paper tries to investigate the comparative approach of this principle in Iran' s criminal law with the attitude and approach to law The new criminal procedure with French criminal law (as the pioneer of the complexity of the system, which our system of law also adheres to), reveals the strengths and weaknesses of this principle in the preliminary investigation phase and provides solutions for making the process more equitable. The trial, however small, is a step.

In Islamic banking, concessional facilities will be available to applicants in the form of contracts in accordance with Islamic Shari' a. Islamic contracts are divided into two categories of interconnected contracts. Considering the necessity of using cooperative contracts of Islamic banking, when it approaches the optimal Islamic banking model The main body of this banking is based on cooperative contracts and exchange contracts are not used when they are not used. If Islamic contracts, especially cooperative contracts, are properly implemented, this type of banking has many advantages and disadvantages to conventional banking. Using These advantages can be achieved by matching the assets and liabilities of the banks. Lowering the financial leverage and borrowing. Automatic absorption and adjustment of real economic shocks. Establishing the link between the creation of money and the real production of the economy and reducing the activity of speculation and preventing the rapid and short-term withdrawal of assets. A country is largely capable of preventing financial instability and subsequent crises, especially if Islamic ethos are institutionalized in society.

The party can be considered as a group of people who, with the belief and belief in some principles and having shared goals or goals, are organized in an organization called the party, and through a number of branches and sectors, they have an interconnected and two-sided relationship. To get the government to reach the goal or goals and implement the principles. Considering the importance of political parties, especially in the developed countries, the present study addresses the question of which role played by parties in developed countries and what conditions are required to achieve this in Iran? The findings of the research indicate that the formation of public policies, shaping public opinion, raising public awareness, criticizing the government, healthy political competition, and presenting people in the scene and raising their understanding, lowers the danger of authoritarianism in the executive branch Strengthening civil society by expanding our institutions between people and government, bringing people together, facilitating parliamentary rule and securing democracy is one of the most important functions of parties in developed countries. In order to achieve this, the Islamic Republic of Iran needs to support the policy of protecting the vote of opinion, the rotation of power among the elites, helping to form civil institutions, providing the platform for the free press and creating the necessary conditions for critique and dialogue in the community.

In the current world, sport is one of the most effective educational and moral means, especially for young people, which is becoming more and more scientific. Politically, victory in sports fields is a useful tool for propagating and proving national credibility, and so there are plenty of budget and human resources to advance sport and succeed in the squares. This increasing importance has led legal scholars to seek to establish a specific discipline entitled "Sporting Rights", which, like labor, trade or agriculture rights, deal with different dimensions of this social relationship. This scientific achievement has led to the writing of various books and articles, and the judiciary' s attention to sporting events and the dangers arising from it, and to consider the necessities of sports games in the application of civil liability rules. Undoubtedly, with the growing enthusiasm of young people in the country to learn a variety of sports and the promising successes that have gained in the international arena, the progress of sport has gone beyond demand and socially and nationally, and with This definition of the establishment of "independent sports rights" with all its ethical, educational, economic and customary characteristics is far from accessible.

The consequences of smuggling are as follows: non-payment of public salaries and burdens, collapse of competitive market interaction, high profitability and financial and moral corruption, disturbance of the country's production of corruption and corruption in the administrative system, failure to properly manage the state of affairs Economic and social risks of healthy business competition, negative impact on the functioning of business and economic policies and cultural and health problems, suggest that in order to achieve a desirable criminal policy in the fight against smuggling, the need for cohesiveness and the identification and careful examination of the causes and factors It is the smuggling of goods that, if properly identified, evaluated and analyzed, is not based on that It is not criminalized, it may not be achieved in the fight against smuggling agents even at a great deal of cost. It has transformed smuggling of goods into economic constraints in recent years in the form of organized informal imports and smuggling of consumer goods Through illegal and unauthorized ways by smuggling gangs and power perpetrators who have inflicted severe damage on the country's economic system in recent years, this phenomenon should be investigated according to the "Anti-Smuggling of Goods and Currency" Act of 1392 and Analyzing this issue and outlining the policy of the jinn in the new law Yi and legislative legislator in depth and detailed look.

Drinking alcohol can be the source of many violent and casual crimes such as murder, rape, armed robbery, etc., and, consequently, created significant social anomalies in the community, but the firm struggle with this dilemma is always faced with challenges and obstacles. Which often have more importance than the whole subject. Trafficking in smuggling of alcoholic beverages is among the challenges in this regard, which requires the identification of related coping strategies and, by their application, provided a framework for the control of smuggling of alcoholic beverages. The purpose of this study was to investigate the effect of social prevention measures on smuggling and alcohol consumption. Finally, the findings of this research show that culture building, general education, and the reduction of economic benefits are, respectively, social prevention measures affecting the prevention of smuggling and the consumption of alcoholic beverages.

The crime of adultery in Islamic Shi' i jurisprudence is a crime. After the Islamic Revolution of 1979 in Iran, Iranian law, especially criminal law based on Shiite jurisprudence, has been established. In the years after the Revolution, the criminal laws concerning the Islamic limits, especially the crime of adultery, were reviewed. In the present article, the purpose of the rights of a person is the rights of the perpetrators of adultery in the stages of discovery, pursuit, investigation, investigation. In this paper, using the library study method and the current laws of the Islamic Penal Code approved by the Criminal Procedure Code of 1392 and the analysis of the rights of the accused person to commit adultery in Shia jurisprudence and Iranian judicial law and their implementation, That the moghānn in 1392 and the Islamic Penal Code and the Criminal Procedure Code in 2013 have fully complied with the principles and rules of Shiite jurisprudence.

The referral of individuals to the courts is often the main right to bring proceedings in the nature and claim of the original right, but sometimes there are cases where the purpose of the reference is not to obtain a ruling, but to refer to the right to secure the right to secure, a right which, prior to the issuance and Or the execution of a vote is at risk of destruction. Sometimes, the goal is to put the security reason behind the difficulty of using it in the future. On this basis, in the Iranian legal system, there are three legal entities that are in line with these goals Legislators have been recognized: interim orders, supply requests, reason supply. Interim orders and requests for custody are among the precautionary measures in the Civil Procedure Code, which usually will not be a problem if they are issued and enforced in the future. An application for interim and interim orders can be filed before the lawsuit is filed, filed a lawsuit or filed. There are similarities between these two entities, the existence of these similarities should not create the impression that the role of these two entities is the same because, despite the existing similarities, there are some important differences between the two entities which makes them distinct. In this research, in the form of three chapters and conclusions, the first chapter of supply is requested and in the second chapter, the interim order will be explained, and in the third chapter, we will discuss the means of differentiating these two and finally concluding.